‘A Bill will be introduced in the 2022-23 parliamentary session to abolish “no-fault” section 21 evictions in the private rented sector. This paper covers the background and reactions to date.’
House of Commons Library , 25th June 2022
Source: commonslibrary.parliament.uk
‘Poor and vulnerable tenants who are evicted from their homes or living in dangerous conditions will lose the chance to take their landlords to court when new government rules on legal costs come into force next year, experts are warning.’
The Guardian, 26th June 2022
Source: www.theguardian.com
‘Khan v Mehmood (2022) EWCA Civ 791 (Housing Law Practitioners Association intervening). This was, it has to be said, in part a rather odd appeal to the Court of Appeal. The background was a rent arrears possession claim by Ms Khan and a defence and disrepair counterclaim by the tenant, Mr Mehmood. At trial, Ms Khan did not appear and was not represented. The possession claim was dismissed and a judgment on the counterclaim made for damages equating 50% of rent for the period 2007 to 2014 (date of trial) (plus return of deposit and penalty for failure to protect). The District Judge added the Simmons v Castle 10% uplift to the disrepair general damages.’
Nearly Legal, 21st June 2022
Source: nearlylegal.co.uk
‘Brem v Murray & Marchant (2022) EWHC 1479 (QB). An appeal judgment from a first instance judgment on a claim for unlawful eviction, which deals with the landlord’s liability for the unlawful eviction that had taken place.’
Nearly Legal, 19th June 2022
Source: nearlylegal.co.uk
‘More people will get access to free expert legal advice to give them the best chance of keeping their home when they fall into difficult financial times, backed by over £10 million of extra funding injected into housing legal aid every year.’
Ministry of Justice, 31st May 2022
Source: www.gov.uk
‘Chelmsford City Council has prosecuted a landlord who unlawfully evicted a family of five from their home in Chelmsford, Essex, it has been reported.’
Local Government Lawyer, 26th May 2022
Source: www.localgovernmentlawyer.co.uk
‘A decision on whether to give permission to appeal should not ordinarily be cited unless it clearly indicates that it purports to establish a new principle or to extend the present law – so said Lord Woolf CJ in Practice Direction (Citation of Authorities) 2001 1 W.L.R. 1001. To specialist practitioners, however, permission applications remain of interest in dynamic areas such as proprietary estoppel.’
Tanfield Chambers, 11th May 2022
Source: www.tanfieldchambers.co.uk
‘The Court of Appeal was faced with the question of whether a local authority had the power to extend time for a flexible tenant to request a review of the authority’s decision not to offer a new fixed term at the end of the initial fixed term beyond the 21 days provided for in section 107E Housing Act 1985. At first instance judicial review, the High Court had held there was no such power (our report here). Ms Kalonga appealed.’
Nearly Legal, 19th May 2022
Source: nearlylegal.co.uk
‘Lees v Kaye (2022) EWHC 1151 (QB). This is another judgment on the operation of the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England & Wales) Regulations 2020. (The first was part of the Brake v Axnoller litigation, the denouments of which I have yet to write up). The case highlights the potential impact of a moratorium and the importance of paying attention to them, because it can give rise to great difficulty in unravelling what has been done.’
Nearly Legal, 15th May 2022
Source: nearlylegal.co.uk
‘More than 200,000 private renters in England have been served eviction notices without doing anything wrong in the three years since the government first promised to ban the practice, housing campaigners have claimed.’
The Guardian, 26th April 2022
Source: www.theguardian.com
‘More than one in eight privately rented homes in England pose a “serious threat” to the health and safety of their occupants, a damning report has revealed.’
The Independent, 13th April 2022
Source: www.independent.co.uk
‘Ms Chipo Kalonga (“Ms Kalonga”) was the tenant of a property in Croydon under a flexible tenancy for a fixed term of five years from 25 May 2015 to 24 May 2020 (the “Tenancy Agreement“). Croydon London Borough Council was her landlord (“Croydon“).’
UKSC Blog, 5th April 2022
Source: ukscblog.com
‘Croydon London Borough Council v Kalonga (2022) UKSC 7. In which the Supreme Court considered the position on termination of “flexible tenancies” – fixed term secure tenancies – during the fixed term. We saw the Court of Appeal judgment dismissing Croydon’s appeal of the dismissal of its possession claim. Croydon then appealed to the Supreme Court.’
Nearly Legal, 27th March 2022
Source: nearlylegal.co.uk
‘The government introduced a ban on evictions in March 2020 to protect renters during the pandemic, but this was lifted in May 2021.
Now government figures show that repossession claims by private landlords are returning to pre-pandemic levels.’
BBC News, 24th February 2022
Source: www.bbc.co.uk
‘Rasool v Paddington Company One Ltd (2021) EWHC 3633 (QB). A combined hearing of a return date on an ex parte interim injunction for re-entry, and a claim for possession by the property owner against a trespasser. A somewhat unusual combination, you might think, though not outside the bounds of possibility. But bear with me, because this will turn out to be quite the ride.’
Nearly Legal, 13th February 2022
Source: nearlylegal.co.uk
‘Is it possible to remedy a breach of the public sector equality duty (PSED)? Katherine Apps analyses an important Court of Appeal ruling.’
Local Government Lawyer, 17th January 2022
Source: www.localgovernmentlawyer.co.uk
‘Metropolitan Housing Trust Ltd v TM (2021) EWCA Civ 1890 – We saw in Taylor v Slough Borough Council (2020) EWHC 3520 (Ch) that in possession claims where a defence of breach of public sector equality duty was raised, the courts would be prepared to accept subsequent compliance (even after the issue of proceedings) as ‘remedying’ the breach. In this second appeal, the Court of Appeal adds some important codicils to that position.’
Nearly Legal, 3rd January 2022
Source: nearlylegal.co.uk
‘The Court of Appeal recently considered the impact of the public sector equality duty (“PSED”) on a claim for possession of rented residential premises; in particular, whether an earlier breach of the PSED can latterly be remedied, and to what extent. Robert Winspear analyses the ruling.’
Local Government Lawyer, 4th January 2022
Source: www.localgovernmentlawyer.co.uk
‘Global 100 Ltd v Laleva (2021) EWCA Civ 1835. There is a hell of a lot packed into one appeal here, so I’ll try to be brief. This was Global 100’s appeal of a first instance appeal (our note here) in which HHJ Luba QC had held that the first instance District Judge had been wrong to decide the possession claim against property guardians and make a possession order at first hearing, as there was a defence which appeared to be substantial and required further evidence and hearing.’
Nearly Legal, 6th December 2021
Source: nearlylegal.co.uk
‘People at risk of losing their home are set to benefit from enhanced legal support following a consultation launched by the government today
.’
gov.uk, 25th November 2021
Source: www.gov.uk
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