Housing news and case law

11 May, 2020 Open access

Court of Appeal rules that three month stay on possession proceedings due to COVID-19 is not unlawful

Marshall (Acting by Mehmet Arkin as fixed charge receiver) v Marshall & Another [2020] EWCA Civ 620

7 May, 2020 Open access

Almost half a million households in private rented sector at risk of homelessness once temporary suspension of eviction proceedings is lifted, councils warn

Those most at risk include more than 100,000 lone parents and around 100,000 young people under 25, says District Councils’ Network

6 May, 2020

Supreme Court rules that landlord was not entitled to grant licence to lessee to carry out work which, but for the licence, would breach covenant in the lease of her flat

Duval v 11-13 Randolph Crescent Ltd [2020] UKSC 18

6 May, 2020 Open access

Temporary extension to the notice to quit period in Northern Ireland to 12 weeks from 5 May 2020

Provision made by the Private Tenancies (Coronavirus Modifications) Act (Northern Ireland) 2020, that received Royal Assent on 4 May 2020

5 May, 2020 Open access

Scottish Government announces £5 million loan fund for private-sector landlords whose tenants are unable to pay rent during coronavirus outbreak

Private Rent Sector Landlord COVID-19 Loan Scheme to offer eligible landlords up to 100 per cent of lost rental income for a single property

5 May, 2020 Open access

Seven day limit on unsuitable temporary accommodation in Scotland extended to cover all homeless applicants

New Scottish statutory instrument also includes temporary exemption from the limit for coronavirus-related placements in hotels and bed and breakfasts

4 May, 2020 Open access

New Economics Foundation calls for UK-wide suspension of rents and mortgage freeze during COVID-19 pandemic

Measures needed to avoid plunging people who were already economically vulnerable before the crisis into deep financial insecurity or hardship

3 May, 2020 Open access

Government announces a ‘change to the rules’ that will mean that those fleeing domestic abuse and facing homelessness as a result will be automatically considered in priority need

Change will be delivered though the Domestic Abuse Bill which had its second reading in Parliament last week, says Secretary of State for Housing, Communities and Local Government

3 May, 2020 Open access

Specialist taskforce to be created to lead the next phase of the government’s support for rough sleepers during the COVID-19 pandemic

Initiative will be lead by Dame Louise Casey and will 'work hand-in-hand with councils across the country', says Secretary of State for Housing, Communities and Local Government

30 April, 2020

Council tax in Wales is out of date, regressive and distortionary and needs to be revalued and reformed

Institute for Fiscal Studies says that basing calculation on a proportion of current property values would result in a far more progressive system

29 April, 2020 Open access

Bill to protect private renters during coronavirus outbreak passed by Northern Ireland Assembly

Private Tenancies (Coronavirus Modifications) Bill introduces requirement for landlords to give tenants 12 week notice to quit period

29 April, 2020 Open access

Home Affairs Select Committee calls for extension of priority need for settled accommodation to survivors of domestic abuse

New report on the Home Office's response to domestic abuse and risk of harm in the home during the coronavirus outbreak also calls for access to state support to be extended to any individual in need, regardless of immigration status

28 April, 2020 Open access

Government issues guidance for social landlords on supporting vulnerable people to move home during the coronavirus outbreak

New guidance makes clear that essential moves should continue during the crisis, where they can be done in line with social distancing

28 April, 2020

High Court considers whether a freehold owner has right to enter leaseholder’s property to carry out works of improvement and whether First-tier Tribunal decisions are binding on County Court

Piechnik v Oxford City Council [2020] EWHC 960 (QB)

27 April, 2020

High Court considers whether group of leasehold tenants were prevented from acquiring the freehold of their building by failing to comply with procedural notice requirements

Consensus Business Group (Ground Rents) Ltd v Palgrave Gardens Freehold Company Ltd [2020] EWHC 920 (Ch)

23 April, 2020

Court of Session considers council tax valuation of affordable housing units subject to ‘golden share’ provisions

Assessor for Lothian Valuation Joint Board against Mark McLaughlin [2020] CSIH 16

21 April, 2020

Court of Appeal rules that ‘Right to Rent’ Scheme is not unlawful

The Secretary of State for the Home Department v R (on the application of) Joint Council for The Welfare of Immigrants [2020] EWCA Civ 542

20 April, 2020 Open access

Select Committee launches inquiry into the impact of coronavirus on homeless people and those in the private rented sector

Inquiry will examine how effective government support has been so far, and consider what long term strategies need to be put in place to support both groups once current measures expire

16 April, 2020 Open access

Department for Communities confirms intention to amend notice to quit requirements in Northern Ireland as result of the coronavirus outbreak

Communities Minister says that new legislation will ensure that landlords are required to give tenants 12 weeks' notice to quit before seeking a court order to begin proceedings to evict

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