On 6 April 2022 Shelter Legal updated its advice to clarify that in the case of a joint tenancy the prevailing view confirms the common law position that a valid section 21 notice must contain the names of all joint tenants and be served on at least one of them. It...
Legal Update
2014 Act used to partially close property with bad ASB
A three-month Partial Closure Order has been enforced at a Wrexham address following a spate of anti-social behaviour reports. Police say the Empress Road address had been the subject of a high number of ASB and drug-related incidents in recent months. Granted on...
How to prepare for right to rent changes
A series of major changes in right to rent have already occurred and more are heading towards the market, bringing with them serious legal implications for agents, landlords and tenants. Two significant changes to right to rent checks come into force in the coming...
Terminating a flexible tenancy in the fixed term: Supreme Court judgment in Kalonga
On 9 March 2022 the Supreme Court gave judgment in Croydon London Borough Council v Kalonga [2022] UKSC 7. It held that a landlord under a fixed term tenancy can recover possession during the fixed term in two circumstances only. Firstly, if the tenancy contains a...
Two signatures no longer required for eviction notice
On Wednesday 26 January 2022, the Court of Appeal handed down its decision in the case of Northwood Solihull v Fearn & Others. The Court deciding that where a corporate landlord or agent is completing certain statutory forms including a Section 8 Notice, such...
Judicial Review and Courts Bill: Progress of the Bill
The House of Commons Library has published a paper summarising the amendments made to the Judicial Review and Courts Bill in Committee and the main issues that were debated. The Bill would reform rules affecting judicial reviews and bring in changes to the court...
Suspended sentence for landlord who evicted tenant overnight
A landlord has been jailed for six months, suspended for a year, after being found guilty of illegally evicting a tenant and locking him out while he was working a night shift.The landlord has also been found guilty of disposing of all of the tenant’s belongings.The...
List of legal aid providers of housing law advice
On 5 January 2022 the Legal Aid Agency published an updated directory of legal aid providers, including housing law advisers. For the directory, click here.
Under-Occupancy Penalty (Report) Bill
This Private Members’ Bill, sponsored by Chris Stephens, would require the Secretary of State to report to Parliament on the merits of repealing those provisions of the Welfare Reform Act 2012 which provide for persons to be paid reduced rates of housing benefit or...
Evictions (Universal Credit) Bill
This Private Members’ Bill, sponsored by Chris Stephens, would place a duty on the Secretary of State to prevent the evictions of Universal Credit claimants in rent arrears. It was presented to Parliament on 21 June 2021 and will receive its second reading on 28...
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Mortgage possession claims in England and Wales increase by 39 per cent
The Ministry of Justice recently released quarterly national statistics on possession claim actions in county courts...
Warning over problems regarding the Section 21 notice
The recent case of Byrne v Harwood-Delgado (see the Nearly Legal comment) has raised important implications for...