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Channel: ASB Archives - Nearly Legal: Housing Law News and Comment
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Equality Act assessors and disclosure of advice

Laidley v Metropolitan Housing Trust Ltd (2025) EWCA Civ 448 This is a second appeal from the High Court’s appeal judgment that we noted here. The issue was the use of and non-disclosure to the parties...

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Starter tenancies, extensions, and section 21 claims – An ASB case.

Yorkshire Housing Limited v Scott. County Court at Scarborough. 30 October 2024. (Not reported. Copy of the judgment is here.) A section 21 based possession claim for a ‘starter tenancy’ for the reason...

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Bits of interest

A couple of brief notes on things of interest. Lewis v Francis & Anor (2025) EWHC 17 (Admin) An appeal from the Magistrates Court on a costs award on a failed s.82 Environmental Protection Act 1990...

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Notes in passing. Big issues in Wales, and “Probably one can obtain the like...

A couple of quick notes For landlords in Wales, Coastal Housing Group Ltd v Mitchell & Anor (2024) EWHC 2831 (Ch) is potentially a very big deal indeed. We will have a detailed note done before...

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Procedural tails and substantive dogs.

Hajan v Mayor & Burgesses of the London Borough of Brent (2024) EWCA Civ 1260 My very grateful thanks to William Heath and Frank Bowmaker of One Pump Court for the following note of the Court of...

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Renters’ Rights Bill – the headlines Part 2

Part 2 of a quick initial look at the Renters’ Rights Bill draft, concentrating on what has changed from the late Renters (Reform) Bill that forms its basis. Part 1 of the headlines look is here, and...

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ASB and disqualification from the housing register

Willott, R (On the Application Of) v Eastbourne Borough Council (2024) EWHC 113 (Admin) A judicial review of Eastbourne’s allocation policy and of Eastbourne’s decision to exclude Ms Willott from...

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Macbeth, Act 5, Scene 5*

It takes a special kind of person who, faced with the multifaceted horrors of our disfunctional housing system, decides that what is really needed is to make it harder for some people to access social...

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Varying a possession order from discretionary to mandatory ground

Poplar HARCA v Kerr. Central London County Court 26 July 2023. (Unreported. Judgment here.) This was a county court appeal to a circuit judge on the issue of whether a pre-existing suspended possession...

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Renters (Reform) Bill – overview Part 2

Following on from yesterday (17 May) publication of the Renters (Reform) Bill and Part 1 of my overview of what the Bill does, onwards to the rest of it… Pets! There has been a lot of fuss about this,...

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Renters (Reform) Bill – the good, the potentially good and the ugly. Part 1

It is finally here, a mere five years from first being promised. The Renters (Reform) Bill has started its parliamentary journey today (17 May). As it stands, it is the largest reform to tenancies in...

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Snoring is not ASB, not even in Lambeth.

LB Lambeth v Fanfair, County Court at Clerkenwell & Shoreditch, 14 February 2023 Our grateful thanks to Angharad Monk of Garden Court and Gurminder Birdi at Cambridge House Law Centre for this note...

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Local authority serving notices – requirements

Birmingham City Council v Bravington (2023) EWCA Civ 308 A quick one – A possession claim under s.84A Housing Act 1985 requires service of a notice under section 83ZA. In this case: The respondent, Mr...

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Rabbit holes to fall down

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...

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Excluded grounds of possession and subsequent grounds

Poplar HARCA v Kerr. Clerkenwell & Shoreditch County Court. February 2022.  DJ Bell (Unreported, we’ve seen a note of extempore judgment.) Our thanks to Daniel Skinner for the note of judgment in...

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‘The present proceedings should never have been brought.’ ASB and disability...

Rosebery Housing Association Ltd v Williams & Anor (2021) EW Misc 22 (CC) Our grateful thanks to Marie Paris of Doughty Street Chambers for the following note of this County Court judgment....

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The Queen(o.a.o Rayner) v Leeds Magistrates Court: closure orders, legal aid...

In this recent judicial review (2021) EWHC 1964 (Admin) H.H. Judge Gosnell addressed interesting questions around closure orders, adjournments, Article 6(1) rights, and the refusal of the Magistrates...

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Misc – notice periods, evictions and an ASBi for illegal eviction

A few notes… As of 1 August 2021, the notice period for notices seeking possession on grounds of rent arrears for arrears of less than 4 months rent was reduced from 4 months notice to 2 months notice....

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Not so full and frank disclosure

Southern Housing Group Ltd v Stephen Berry (County Court at Clerkenwell and Shoreditch, 25 February 2021) Deputy District Judge Martynski (Transcript here) The facts of the case followed an all too...

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PSED, breach and ‘subsequent compliance’.

Taylor v Slough Borough Council (2020) EWHC 3520 (Ch) An appeal on the issue of whether a Council landlord’s initial failure to have regard to the Public Sector Equality Duty on commencing possession...

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