Running out of gas… Housing Update – Section 21 Notices – St Ives Chambers

‘In a long-awaited judgment handed down on 18th June 2020, the Court of Appeal held (2:1) in Trecarrell House Limited v. Patricia Rouncefield [2020] EWCA Civ 760 (“Rouncefield”) that a failure to provide a gas safety certificate to a new tenant prior to them taking up occupation can be rectified by later service so as to enable the landlord to serve a section 21 notice.’

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St Ives Chambers, 23rd June 2020

Source: www.stiveschambers.co.uk

The Trecarrell Conundrum – Nearly Legal

Posted June 19th, 2020 in appeals, health & safety, housing, landlord & tenant, news, notification by sally

‘It is fair to say this Court of Appeal decision has been widely and keenly awaited. Unfortunately, for reasons I will explain in my comment at the end, I think it leaves us with a lot of further questions.’

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Nearly Legal, 18th June 2020

Source: nearlylegal.co.uk

CQC under fire from care home body for failing to report true death toll to ministers – The Guardian

Posted May 27th, 2020 in care homes, coronavirus, elderly, news, notification, statistics by sally

‘The Care Quality Commission (CQC) has been accused of failing to alert ministers to the mounting death toll caused by the coronavirus crisis, despite having access to daily information about deaths.’

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The Guardian, 24th May 2020

Source: www.theguardian.com

Woman who makes involuntary sounds fails in judicial review challenge over noise abatement notice – Local Government Lawyer

‘A 67-year-old retired primary school teacher who has a neurological disorder that causes her to make involuntary sounds and noises has failed in a judicial review challenge over a noise abatement notice.’

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Local Government Lawyer, 26th May 2020

Source: www.localgovernmentlawyer.co.uk

Contracting Covid-19 at work – who needs to know? Chief Coroner’s Guidance 37 & RIDDOR – Park Square Barristers

Posted May 7th, 2020 in coronavirus, coroners, employment, health & safety, news, notification by sally

‘The vast majority of deaths from Covid-19 will not be referred to the Coroner and even fewer will result in an inquest into the death. However, when an employee dies from Covid-19 it may have to be reported to both the Health and Safety Executive (“HSE”) and the Coroner.’

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Park Square Barristers, 29th April 2020

Source: www.parksquarebarristers.co.uk

R (Simon Halabi) v The Crown Court at Southwark and others – Blackstone Chambers

‘The Divisional Court has handed down judgment in an important case concerning whether the regime for the imposition of notification requirements on sexual offenders is compatible with rights under Article 8 ECHR.’

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Blackstone Chambers, 1st May 2020

Source: www.blackstonechambers.com

Not signed, not sealed, not delivered – Nearly Legal

‘A first instance county court judgment on a possession claim, but with a range of interesting issues. The Ratcliffes were the landlords, Ms Patterson was the tenant and Mr Porter a guarantor, who played no part in proceedings. The tenancy was an assured shorthold tenancy with the most recent fixed term beginning in June 2018. Rent arrears accrued (on which more later) and the Ratcliffes brought a claim for possession under grounds 8, 10 and 11 Schedule 2 Housing Act 1988.’

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Nearly Legal, 26th April 2020

Source: nearlylegal.co.uk

Coronavirus – new forms 3 and 6A for s8 and s21 – Nearly Legal

‘Now that the Coronavirus Act is in force (as of today 26 March 2020), the three month notice period applies to assure and assured shorthold tenancies (as well as secure, introductory, etc).’

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Nearly Legal, 26th March 2020

Source: nearlylegal.co.uk

Upper Tribunal cuts £572k civil penalties in housing case by 70% – Local Government Lawyer

Posted March 27th, 2020 in appeals, housing, local government, news, notification, penalties, tribunals by sally

‘The Upper Tribunal has allowed in part an appeal over civil penalties of £236,000 imposed on each of two defendants for housing offences, reducing the total amount to be paid to £174,000.’

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Local Government Lawyer, 25th March 2020

Source: www.localgovernmentlawyer.co.uk

The Court of Appeal reviews the right to silence in cases of contempt – Doughty Street Chambers

Posted March 26th, 2020 in appeals, chambers articles, contempt of court, news, notification by sally

‘The Court of Appeal today [17 March] handed down judgment in Andreewitch v Moutreuil [2020] EWCA Civ 382. The courts have long since recognised the “absolute right of a person accused of contempt to remain silent” (Comet v Hawkex [1971] 2 QB 67). The Andreewitch judgment establishes that a judge must warn alleged contemnors of that right before they give oral evidence.’

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Doughty Street Chambers, 17th March 2020

Source: insights.doughtystreet.co.uk

Valid or not valid? – Local Government Lawyer

‘Does an obvious mistake in a Notice of Seeking Possession invalidate it…or not? Steven Eccles reports on the lessons for housing associations and local authorities from an important recent ruling.’

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Local Government Lawyer, 13th March 2020

Source: www.localgovernmentlawyer.co.uk

Court of Appeal clarifies UK Construction Act treatment of hybrid contracts – OUT-LAW.com

Posted March 10th, 2020 in building law, contracts, news, notification by tracey

‘The Court of Appeal in London has ruled that UK construction law does not require hybrid contracts to include distinct notifications with separate break downs for construction operations and non-construction operations.’

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OUT-LAW.com, 9th March 2020

Source: www.pinsentmasons.com

Is a Section 8 notice on rent arrears a demand for rent? – Nearly Legal

‘I have kindly been sent a couple of county court Circuit Judge decisions on the issue of whether section 8 notices (where the ground is rent arrears) have to comply with the requirements of section 47 Landlord and Tenant Act 1987 by the inclusion of the landlord’s name and address. They reach contradictory conclusions, leaving open an issue to be resolved by a higher court, and a further issue for first instance courts.’

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Nearly Legal, 8th March 2020

Source: nearlylegal.co.uk

Doctor/patient confidentiality in genetic disease case – UK Human Rights Blog

Posted March 5th, 2020 in confidentiality, doctors, duty of care, hospitals, news, notification, third parties by tracey

‘ABC v St George’s Healthcare Trust and others [2020] EWHC 455 (QB). The High Court has ruled that the health authorities owed a duty of care to the daughter of their patient who suffered from the hereditary neurodegenerative order Huntington’s Chorea, to inform her about his condition. But in the circumstances, Yip J concluded that the duty was not breached and that causation had not been established.’

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UK Human Rights Blog, 29th February 2020

Source: ukhumanrightsblog.com

The traps in the Divorce etc Bill that could cause as much harm as finding fault – Family Law

Posted March 5th, 2020 in bills, divorce, news, notification, time limits by tracey

‘Traditional marriage etiquette recommends sending out wedding invitations 6-8 weeks before the big day. Under the proposed new divorce reform, a spouse might have the same amount of notice of the ending of their marriage.’

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Family Law, 5th March 2020

Source: www.familylaw.co.uk

Certainty of delivery of notices – Upper Tribunal on the burden of proof – Nearly Legal

‘A quick note on a Upper Tribunal (LC) appeal concerning whether services charge demands had been delivered. At first instance, the FTT had reached a decision about the reasonableness of the service charge demands, but in respect of the respondent, it held that the charges were not payable by the respondent because she had not received the demands.’

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Nearly Legal, 22nd February 2020

Source: nearlylegal.co.uk

You know what I mean – Errors in section 8 notices – Nearly Legal

Posted February 24th, 2020 in appeals, housing, landlord & tenant, news, notification, rent, repossession by sally

‘Does an error in a section 8 notice – in this case specifically as to the earliest date on which possession proceedings can begin – invalidate the notice?’

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Nearly Legal, 22nd February 2020

Source: nearlylegal.co.uk

No-fault evictions: ‘Our lives are falling apart’ – BBC News

Posted February 20th, 2020 in housing, landlord & tenant, news, notification, repossession by sally

‘Section 21 of the 1988 Housing Act allows landlords to evict tenants without a reason once their contract comes to an end, or give them notice of the “intention to evict” two months before it ends. They are often used by landlords who want to sell their properties.’

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BBC News, 20th February 2020

Source: www.bbc.co.uk

Restraining Presentation or Advertisement of a Creditor’s Winding Up Petition – 33 Bedford Row

Posted February 20th, 2020 in abuse of process, chambers articles, injunctions, news, notification, winding up by sally

‘Widespread knowledge that a company is subject to a creditor’s winding up petition can cause that company serious harm. Where the creditor’s winding up petition is warranted, this harm may just be an unfortunate consequence of a valid legal process being pursued against it. However, where the creditor’s winding up petition is unwarranted, and is eventually dismissed because it is unwarranted, its dismissal will be ‘cold comfort’ to the company where, in the intervening period between presentation and dismissal, the company has suffered irreparable reputational and operational damage.’

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33 Bedford Row, 4th February 2020

Source: www.33bedfordrow.co.uk

Re A, B & C (Adoption : Notification of Fathers and Relatives) Judgment Handed down 29th January 2020 – Parklane Plowden Chambers

Posted February 6th, 2020 in adoption, chambers articles, human rights, news, notification, paternity by sally

‘Guidance from the Court of Appeal on how to decide whether or not to notify a putative father or a relative of the existence of the child or legal proceedings?’

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Parklane Plowden Chambers, 29th January 2020

Source: www.parklaneplowden.co.uk