A recent case reported in Legal Action Magazine serves to remind us that tenants who rent a room in a shared house and change rooms, are also starting a completely new tenancy.
Pilakoutas v. Schofield, Sheffield County Court, 22 May 2009
Here Professor Pitakoutas was a landlord by purchase of a house in multiple occupation. The tenant, [...]
Tag Archive: case law
Another room, another tenancy
Five harassment and unlawful eviction cases
The excellent housing law section in Legal Action magazine has five cases reported this month on harassment and unlawful eviction. I summarise them below.
1. Fakhari v. Newman, Woolwich County Court, 7 January 2010
Here the landlords failed to protect the deposit, and there were repairing problems with the boiler, and the [...]
Urban Myth – you can give a tenant a probationary period before the tenancy starts
Probationary tenancy?
This urban myth is really about the law overriding what landlords want to happen. What many landlords would like, is to have their tenants live in the property for a short probationary period, during which time the landlord can evict the tenant at will, before the tenancy starts properly.
Not possible. Sorry!
Street v. Mountford [1985] [...]
Disrepair claim after consent order for possession is not abuse of process
Mrs Shelley Bloom was a landlord. She desired to evict her tenant, Mr Andrew Henley. He, having lived in the property for over 20 years, did not want to go, even though he had complained about its condition to his landlord in the past. Possession proceedings were issued, which developed complications (no [...]
Section 21 possession notices – at last a sensible decision
Section 21 possession notices and eviction
I am pleased to report a Court of Appeal related decision on section 21 notices, which finally takes a sensible attitude on saving clauses.
As you may or may not know, where the notice is served after the fixed term has come to an end, the persons drafting the legislation in [...]
Tenancy deposits schemes – High Court Decision
As has already been announced on the PainSmith blog and on Nearly Legal, there is now, finally, a binding decision (for now) on tenancy deposits and the vexed question of when the award of three times the depost sum can be made to the tenant. Whether it is a decision that we like is another [...]
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The Free Legal Web – putting the law online
The law on the web
For a long time Nick Holmes together with quite a large number of people from the legal profession have been developing an online source of free legal information, termed the Free Legal Web. Excitingly they have now launched a new pilot housing law site.
The housing law project
This draws on a number [...]
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