‘Two tenants have resisted an attempt to evict them for anti-social behaviour, with the High Court referring the matter back to the County Court.’
Local Government Lawyer, 8th February 2024
Source: www.localgovernmentlawyer.co.uk
‘Poplar HARCA v Kerr. Central London County Court 26 July 2023. This was a county court appeal to a circuit judge on the issue of whether a pre-existing suspended possession order, made on a discretionary ground, could be varied on the application of the landlord to an outright order on a mandatory ground. As ever with County Court appeals, not binding precedent, but may be persuasive.’
Nearly Legal, 10th December 2023
Source: nearlylegal.co.uk
‘The issue of gas safety certificates has been revisited again in Van-Herpen v Green & Green (2023) County Court at Hastings, 4 December 2023, in which I acted for the Defendants. This time, the questions for the court were whether a Building Regulations Compliance Certificate (“BRCC”) from the installation of a boiler or a Gas Safety Certificate (“GSC”) arising out of a plumber’s visit some two months later had to be served for the section 21 notice to be valid.’
Nearly Legal, 5th December 2023
Source: nearlylegal.co.uk
Three county court cases – all first instance judgments and non-binding, but each of interest, including the first two fitness for human habitation decisions that have come our way and a complicating decision on gas safety certificates and section 21 notices.
Nearly Legal, 19th November 2023
Source: nearlylegal.co.uk
‘The UK government’s decision to shelve a proposed ban on ‘no-fault’ evictions makes sense, but leaves landlords and tenants in an uncertain position, according to one legal expert.’
OUT-LAW.com, 6th November 2023
Source: www.pinsentmasons.com
‘Global 100 Ltd v Jimenez & Ors (2023) EWCA Civ 1243. This was the Court of Appeal judgment in the latest of Global 100 (and Global Guardians) attempts to get out of properties occupied by guardians being subject to local auhtority licensing requirements, and the consequences of that.’
Nearly Legal, 29th October 2023
Source: nearlylegal.co.uk
‘Bristol City Council has successfully prosecuted a landlord who confronted a tenant and handed her an illegal eviction notice.’
Local Government Lawyer, 25th October 2023
Source: www.localgovernmentlawyer.co.uk
‘The Government is to delay commencement of a ban on section 21 no-fault evictions “until stronger possession grounds and a new court process is in place”.’
Local Government Lawyer, 25th October 2023
Source: www.localgovernmentlawyer.co.uk
‘A ban on “no-fault” evictions in England will be indefinitely delayed until after the court system is reformed, the government has announced.’
BBC News, 24th October 2023
Source: www.bbc.co.uk
‘Michael Gove has won a battle with No 10 to push ahead with a ban on no-fault evictions and other reforms, but renters will not get protection until next year.’
The Guardian, 17th October 2023
Source: www.theguardian.com
‘A group of 30 charities and non-profit organisations have urged the Prime Minister to pass a bill to ban “no-fault” evictions.’
BBC News, 16th October 2023
Source: www.bbc.co.uk
‘Tower Hamlets Community Housing v The personal representative of Joseph Desir & Ors. County Court at Clerkenwell & Shoreditch. 19 April 2023. The late Mr & Mrs Desir had an assured tenancy from Tower Hamlets Community Housing. They both died in March 2020. Their daughter, Ms S Desir, applied to succeed on the basis of having lived there and having been her parents’ carer for the last 10 years. THCH made several demands for further evidence, and served notice to quit on the property and on the Public Trustee. THCH then brought the present possession proceedings, despite not having made a decision on succession.’
Nearly Legal, 8th October 2023
Source: nearlylegal.co.uk
‘The Claimant was a self-confessed “non-professional” landlord in that they had a single property they let out to a tenant. They were not, for example a sizeable social landlord with years of experience and many resources.’
Park Square Barristers, 14th September 2023
Source: www.parksquarebarristers.co.uk
‘Katrina McCarthy was apparently acting as a McKenzie Friend for a Notting Hill Genesis tenant. Notting Hill assert that in the course of “assisting” the tenant, Katrina McCarthy “induced the tenant to start paying his rent directly into her own bank account. She had represented to the tenant that she would then transfer the funds into a “court rent account” so that he could “offset” his rent whilst a disrepair dispute with Notting Hill was resolved.” ‘
Nearly Legal, 9th August 2023
Source: nearlylegal.co.uk
‘A new government-backed scheme providing free legal advice to help 38,000 people a year at risk of losing their home launches today (1 August).’
Ministry of Justice, 1st August 2023
Source: www.gov.uk
‘Reading Borough Council has defeated an appeal against eviction by a disabled resident with a long history of anti-social behaviour.’
Local Government Lawyer, 3rd August 2023
Source: www.localgovernmentlawyer.co.uk
‘The launch comes not long after the latest statistics showed households and children in temporary accommodation in England are at record highs.’
The Independent, 31st July 2023
Source: www.independent.co.uk
‘A couple of County Court judgments – by HHJ Luba KC, as a circuit judge. Buckle up for a bumpy ride through the all too familiar county court landscape of erratic pleadings, lengthy delays and parties who rather mistakenly think that their own bluster and allegations will see them through, without supporting evidence or indeed logic. First, a possession claim for non-occupation of a secure tenancy as only or principle home, and then a possession claim that went badly wrong for a landlord facing a counter claim for deposit penalties, disrepair, harassment and unlawful eviction.’
Nearly Legal, 17th July 2023
Source: nearlylegal.co.uk
‘Helen Tucker examines the changes to the grounds for possession as set out in the Renters Reform Bill published on 17 May 2023.’
Local Government Lawyer, 9th June 2023
Source: www.localgovernmentlawyer.co.uk
‘Sadly, it appears that it is necessary to revive the long lapsed tradition of the Nearly Legal Naughty Step post.
We have encountered a number of councils putting, or trying to put, damn silly clauses in their tenancy agreements for secure tenants, and then threatening to evict tenants who breach these damn silly clauses. There was Sandwell silencing tenants, for example (and they were not alone in trying to include such a clause). And there was the spectacle of Wandsworth attempting to impose a clause forbidding the tenant, their household, or their visitors from behaving badly anywhere in the whole borough, on pain of eviction. That one – which is all too relevant for what follows – ended in humiliation for Wandsworth when they actually tried to use it.’
Nearly Legal, 6th June 2023
Source: nearlylegal.co.uk
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