Rabbit holes to fall down – Nearly Legal

Posted July 14th, 2022 in harassment, judicial review, landlord & tenant, leases, news, repossession by tracey

‘In case you are in need of distraction from the heat/the tory leadership contest/getting your first, second or third bout of covid/the general state of all things, may I present a small collection of judgments at which to rubberneck. None seem massively important in legal terms, but I can promise at least two or three jaw drops per judgment, and you may find you have spent days down the rabbit holes.’

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Nearly Legal, 12th July 2022

Source: nearlylegal.co.uk

Judges allow appeal by council over affordability and non-payment of rent – Local Government Lawyer

‘It was not unlawful for a Royal Borough of Kingston Upon Thames reviewing officer to conclude that an applicant was intentionally homeless because her previous rent had been affordable but had not been paid.’

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Local Government Lawyer, 7th July 2022

Source: www.localgovernmentlawyer.co.uk

The end of ‘no fault’ section 21 evictions Research Briefing Published Saturday, 25 June, 2022 – House of Commons Library

Posted June 27th, 2022 in bills, housing, landlord & tenant, news, parliament, repossession by tracey

‘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.’

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House of Commons Library , 25th June 2022

Source: commonslibrary.parliament.uk

‘I wouldn’t have the money to pay a lawyer’: tenants left without means to sue rogue landlords – The Guardian

‘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.’

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The Guardian, 26th June 2022

Source: www.theguardian.com

We don’t need no tariffs – Nearly Legal

Posted June 24th, 2022 in appeals, damages, housing, landlord & tenant, news, rent, repairs, repossession by tracey

‘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.’

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Nearly Legal, 21st June 2022

Source: nearlylegal.co.uk

Unlawful eviction – but landlord not liable – Nearly Legal

Posted June 20th, 2022 in appeals, covenants, damages, housing, injunctions, landlord & tenant, news, repossession by tracey

‘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.’

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Nearly Legal, 19th June 2022

Source: nearlylegal.co.uk

Millions invested to help people facing eviction or repossession – Ministry of Justice

‘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.’

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Ministry of Justice, 31st May 2022

Source: www.gov.uk

City council prosecutes landlord for unlawfully evicting family of five – Local Government Lawyer

Posted May 27th, 2022 in harassment, housing, landlord & tenant, local government, news, repossession by sally

‘Chelmsford City Council has prosecuted a landlord who unlawfully evicted a family of five from their home in Chelmsford, Essex, it has been reported.’

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Local Government Lawyer, 26th May 2022

Source: www.localgovernmentlawyer.co.uk

In what circumstances can proprietary estoppel defeat an express declaration of trust? – Tanfield Chambers

Posted May 23rd, 2022 in appeals, chambers articles, conveyancing, estoppel, news, repossession, trespass by sally

‘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.’

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Tanfield Chambers, 11th May 2022

Source: www.tanfieldchambers.co.uk

And no extensions – Nearly Legal

‘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.’

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Nearly Legal, 19th May 2022

Source: nearlylegal.co.uk

Unravelling – the effect of a debt moratorium on enforcement steps taken during it. – Nearly Legal

Posted May 16th, 2022 in damages, debts, enforcement, housing, leases, mental health, news, repossession by tracey

‘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.’

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Nearly Legal, 15th May 2022

Source: nearlylegal.co.uk

No-fault evictions: 200,000 renters in England served notices in three years – The Guardian

Posted April 27th, 2022 in housing, landlord & tenant, news, repossession, statistics by sally

‘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.’

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The Guardian, 26th April 2022

Source: www.theguardian.com

One in eight private rented homes poses ‘serious threat’ to occupants’ health, damning report finds – The Independent

‘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.’

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The Independent, 13th April 2022

Source: www.independent.co.uk

Case Comment: Croydon London Borough Council v Kalonga [2022] UKSC 7 – UKSC Blog

‘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“).’

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UKSC Blog, 5th April 2022

Source: ukscblog.com

Fixed term secure tenancies and forfeiture – Nearly Legal

‘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.’

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Nearly Legal, 27th March 2022

Source: nearlylegal.co.uk

Evictions rise: ‘I was quite upset, it was panic mode’ – BBC News

Posted February 24th, 2022 in coronavirus, deposits, landlord & tenant, news, rent, repossession by sally

‘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.’

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BBC News, 24th February 2022

Source: www.bbc.co.uk

This is not my beautiful house – Nearly Legal

Posted February 15th, 2022 in disclosure, injunctions, landlord & tenant, news, repossession, trespass by tracey

‘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.’

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Nearly Legal, 13th February 2022

Source: nearlylegal.co.uk

Remedying breaches of the Public Sector Equality Duty – Local Government Lawyer

Posted January 18th, 2022 in equality, housing, landlord & tenant, mental health, news, repossession by tracey

‘Is it possible to remedy a breach of the public sector equality duty (PSED)? Katherine Apps analyses an important Court of Appeal ruling.’

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Local Government Lawyer, 17th January 2022

Source: www.localgovernmentlawyer.co.uk

Remedying breach of Public Sector Equality Duty (or not) – Nearly Legal

Posted January 4th, 2022 in disabled persons, equality, housing, mental health, news, repossession by tracey

‘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.’

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Nearly Legal, 3rd January 2022

Source: nearlylegal.co.uk

Too little too late: a successful PSED challenge to a possession order – Local Government Lawyer

Posted January 4th, 2022 in disabled persons, equality, housing, mental health, news, repossession by tracey

‘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.’

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Local Government Lawyer, 4th January 2022

Source: www.localgovernmentlawyer.co.uk