Housing Conditions and Disrepair

Rent Repayment Orders: assessing the amount

Mathew McDermott and Karolina Zielinska present our first housing podcast.

Published: 27th Jun 2024

Iris Ferber KC joins SHLA Committee

Iris Ferber KC has become a committee member for the Social Housing Law Association.

Published: 20th Jun 2024

An Introduction to Disability Discrimination Law – for Housing Lawyers

Introducing the next three webinars in the series.

Published: 24th Apr 2024

A warning for housing lawyers: Stefan Liberadzki discusses the new Intermediate Track and fixed costs

Sweeping changes to the Civil Procedure Rules, applying to claims issued after 1 October 2023, have ushered in a new regime of fixed recoverable costs, and a new Intermediate Track for case management.

Published: 10th Apr 2024

An Introduction to Discrimination Law - for Housing Lawyers - Part 3: Section 15 claims of Discrimination Arising from Disability

Neil Clark and Max Gordon present the third instalment of our Disability Discrimination for Housing Lawyers series.

Published: 15th Mar 2024

An Introduction to Disability Discrimination Law: Part 2 - Reasonable Adjustments

The second episode in our Introduction to Disability Discrimination Law for Housing Lawyers.

Published: 1st Mar 2024

An Introduction to Discrimination Law - for Housing Lawyers

42BR Barristers' Housing and Employment Groups are delighted to present the first two installments of our upcoming 'Introduction to Disability Discrimination Law for Housing Lawyers' events.

Published: 13th Dec 2023

An Introduction to Discrimination Law - for Housing Lawyers - Part 1- What is “disability”?

The first in our Introduction to Disability Discrimination series, hosted by Rebecca Thomas and Stefan Liberadzki.

Published: 7th Dec 2023

Renters (Reform) Bill: A Tour Bus Guide – Stop 8: Tenant Notices to Quit

Krishma Patel provides an overview of clause 14(3) in the Renters (Reform) Bill.

Published: 24th Jul 2023

Renters (Reform) Bill: A Tour Bus Guide – Stop 7: Financial Penalties

Andrew Carter provides stop 7 of our Tour Bus Guide to the Renters (Reform) Bill.

Published: 13th Jul 2023

Renters (Reform) Bill: A Tour Bus Guide – Stop 6: Unlawful Eviction

Stop 6 of our Renters (Reform) Bill Tour Bus Guide focuses on unlawful eviction, written by Michael Grant

Published: 6th Jul 2023

Renters (Reform) Bill: A Tour Bus Guide – Stop 5: Rent Increases

Robert Winspear provides the fifth instalment of our Renters (Reform) Bill Tour, covering rent increases.

Published: 22nd Jun 2023

Renters (Reform) Bill: A Tour Bus Guide – Stop 4: Homelessness

Max Gordon provides the fourth instalment of our Renters (Reform) Bill series of articles.

Published: 15th Jun 2023

ASB Injunctions: Breach procedure and sentencing guidelines

Niamh O'Brien and Louise Whittington explore breach procedures and sentencing guidelines in anti-social behaviour injunctions.

Published: 14th Jun 2023

Mathew McDermott discusses the case Kazi v. Bradford MDC [2023] UKUT 128 (LC)

Mathew McDermott provides a helpful article on the case Kazi v. Bradford MDC [2023] UKUT 128 (LC)

Published: 8th Jun 2023

Renters (Reform) Bill: A Tour Bus Guide – Stop 3: Pets

The third instalment of our Renters (Reform) Bill on the subject of Pets, written by Paul Fuller.

Published: 8th Jun 2023

Renters (Reform) Bill: A Tour Bus Guide – Stop 2: Grounds for Possession

Michael Grant provides the second instalment of our Renters (Reform) Bill Series.

Published: 1st Jun 2023

Housing Webinar: Obtaining an ASB injunction: common defences

A Housing Law webinar presented by Iris Ferber KC and Stefan Liberadzki.

Published: 26th May 2023

Renters (Reform) Bill: A Tour Bus Guide – Stop 1: Deposits, gas safety certificates and more

First Stop: Deposits, gas safety certificates and more – throwing the baby out with the bathwater?

Published: 25th May 2023

Surrender or Succession? Angela Piears discusses the recent High Court decision in City of Westminster Council v Abdul Kazam and Armin Rahimi [2023] EWHC 825 (KB)

Housing Law case summary, provided by 42BR Angela Piears.

Published: 3rd May 2023

Housing Law Webinar: Obtaining an ASB Injunction - Evidence Gathering

Krishma Patel and Paul Fuller discuss some practical aspects of gathering and pleading evidence.

Published: 3rd Apr 2023

Housing Law Webinar: Obtaining an ASB injunction: the Court papers

Iris Ferber and Jamie Fireman present a practical Housing webinar.

Published: 7th Mar 2023

Assessing Quantum: Rent Repayment Orders

A webinar explaining how to assess quantum in rent repayment order applications by reference to recent caselaw.

Published: 31st Jan 2023

An unwelcome Christmas surprise: late acceptance of Part 36 offers and the risk of adverse costs

Paul Fuller discusses the recent High Court decision in Moradi v The Home Office [2022] EWHC 3125 (KB).

Published: 14th Dec 2022

Housing Law Workshop: How to tackle anti-social behaviour at Christmas

Join us for this in person seminar on Thursday 8 December, from 09:30am.

Published: 24th Nov 2022

Webinar: Preparing Defences in Possession Claims

Iris Ferber and Krishma Patel present a webinar on preparing defences in possession claims

Published: 31st Oct 2022

Webinar: Administration of Estates: Dealing with errant PRs

We are pleased to invite you to attend our webinar on Administration of Estates: Dealing with errant PRs

Published: 27th Oct 2022

Paul Fuller discusses the recent Court of Appeal decision in Norton v LB Haringey [2022] EWCA Civ 1340

Paul Fuller has written an article in which he discusses the recent Court of Appeal decision in Norton v LB Haringey

Published: 25th Oct 2022

Calculating the Amount of Rent Repayment Orders by Mathew McDermott has been published in the latest edition of the Landlord and Tenant Review (26(5).

Mathew McDermott has written an article titled “Calculating the Amount of Rent Repayment Orders”, which has been published in Landlord and Tenant Review.

Published: 28th Sep 2022

Animals in Law Webinar

We will be hosting a virtual round table discussion where a group of five practitioners, specialising in different areas of law, will discuss the status of a pet or companion animal in law.

Published: 26th Sep 2022

Avoiding the Roseberry Blues: dealing effectively with claims against tenants with disabilities

In person Housing Event in conjunction with SHLA

Published: 28th Jul 2022

Disrepair: Enforcement of Settlement Agreements

Louise Whittington and Jamie Fireman will be presenting a webinar on Disrepair: Enforcement of Settlement Agreements.

Published: 27th Jul 2022

Desmond Kilcoyne discusses the Building Safety Act 2022: Parts now in force since 28 June 2022

Desmond Kilcoyne, of 42BR, has written a synopsis on the Building Safety Act 2022: Parts now in force since 28 June 2022

Published: 5th Jul 2022

Robert Winspear discusses the recent Upper Tribunal decision in Hallett v Parker [2022] UKUT 165: Landlord’s 100% RRO reduced, as FTT had failed to consider landlord’s circumstances

Robert Winspear discusses the recent Upper Tribunal decision in Hallett v Parker [2022] UKUT 165

Published: 30th Jun 2022

Christopher Mann appears for the Appellant in Khan v Mehmood [2022] EWCA Civ 791

The Court found for Christopher’s client on ground 1, concluding that submissions made to a Judge in 2014 amounted to a serious procedural irregularity, and also went on...

Published: 22nd Jun 2022

Can you trust a notice to quit?

Michael Grant discusses the recent High Court decision in Procter v Procter and others [2022] EWHC 1202.

Published: 30th May 2022

EPA Disrepair: Proving the Elements of an EPA Offence

42 Bedford Row members Iris Ferber and Andrew Carter have recorded a training session on EPA Disrepair: Proving the Elements of an EPA Offence.

Published: 27th May 2022

Gillian Crew discusses the recent first instance decision in City of Westminster v (1) Persons Unknown (2) Theophile & (3) Gill

Making a mountain out of a Maida Hill: the Public Sector Equality Duty and Anti-Social Behaviour Injunctions

Published: 18th May 2022

Webinar - Disrepair: Preparing the case for trial

Housing Webinar with Mathew McDermott & Stefan Liberadzki

Published: 14th Apr 2022

“So you’ve got to let me know, should I stay or should I go?”

Gillian Crew discusses the recent High Court decision in Axnoller Events Limited v Brake

Published: 28th Mar 2022

Niamh O’Brien discusses the recent Supreme Court decision in Croydon LBC v Kalonga: Ending ‘Flexible’ Tenancies

Published: 16th Mar 2022

Webinar - Disrepair: Drafting effective Claims and Defences

Housing Webinar with Natalie Foster & Max Gordon

Published: 15th Mar 2022

Charmaine Clubb discusses the recent Court of Appeal homelessness decision in Paley v LB Waltham Forest [2022] EWCA Civ 112

Money doesn’t grow on trees: how (not) to conduct an affordability exercise

Published: 16th Feb 2022

Webinar - Disrepair: Valuing a County Court Disrepair Claim

Barristers Robert Winspear & Desmond Kilcoyne will be providing some virtual training for our next Housing Webinar

Published: 3rd Feb 2022

Injunctions against the World:

Robert Winspear discusses the Court of Appeal’s decision in LB Barking and Dagenham v Persons Unknown [2022] EWCA Civ 13

Published: 26th Jan 2022

Robert Winspear discusses the recent Court of Appeal decision in Metropolitan Housing Trust Limited v TM [2021] EWCA Civ 1890

Too little too late: Successful PSED challenge to a possession order

Published: 21st Dec 2021

Webinar - How to Understand Damp and Mould Claims

Housing Webinar with Krishma Patel and Stefan Liberadzki.

Published: 7th Dec 2021

Robert Winspear discusses the recent Court of Appeal decision in Hajjaj v City of Westminster; Akhter v LB Waltham Forest [2021] EWCA 1688

What you don’t know can hurt you (if you are a local authority making a private sector offer)

Published: 2nd Dec 2021

Amy Stroud discusses the implications of R (Ibrahim) v Westminster City Council [2021] EWHC 2616 (Admin)

The Administrative Court has cast a fresh eye on the circumstances in which a renewed homelessness application made under Part VII of the Housing Act 1996 amounts to a new application.

Published: 10th Nov 2021

Webinar - How to Enforce Possession Orders

Housing Webinar with team members Iris Ferber and Angela Piears.

Published: 3rd Nov 2021

Housing Webinar - How to get possession for rent arrears after Covid

This webinar will be suitable for junior litigators, and for anyone who wants a refresher.

Published: 28th Sep 2021

Housing Webinar - How to get section 21 and deposits right.

Interactive Housing Webinar

Published: 1st Sep 2021

How to... avoid common pitfalls in Anti-Social Behaviour injunctions and committal applications

This training will provide practical guidance on frequently encountered issues in the preparation of applications for both civil injunctions and committals following breach of an injunction.

Published: 29th Jul 2021

The housing possessions backlog and Nightingale Courts: a simple solution?

Natalie Foster explores the potential role of ‘Nightingale Courts’ and extended operating hours in unclogging the backlog – and ensuring that the wheels of justice keep turning.

Published: 9th Jul 2021

Good News for Landlords! No requirement to provide EPC for pre-2015 tenancies

Michael Grant discusses yesterday’s decision by the Court of Appeal in Minister v Hathaway [2021] EWCA Civ 936

Published: 24th Jun 2021

A Beginner’s Guide to Statutory Nuisance Prosecutions & Residential Accommodation

This training will cover a short, easy to digest introduction to statutory nuisance prosecutions in respect of residential accommodation

Published: 23rd Jun 2021

Housing allocation schemes under the magnifying glass

The significance of a recent High Court housing law case cannot be underestimated – both legally and practically – in bringing to the fore the practical effects of local authority allocation schemes, writes Martin Khoshdel.

Published: 23rd Jun 2021

Kowalek v Hassanien Limited [2021] UKUT 143 (LC)

What to consider (or not) when quantifying Rent Repayment Orders

Published: 22nd Jun 2021

Can mediation solve the housing possessions backlog?

The freeze on possession hearings is finally starting to thaw – but how will the courts cope with the huge backlog of cases? Will mediation, online hearings, or a dedicated housing tribunal make a difference? In the first of a series of articles from 42BR Housing, looking at the potential solutions, Catherine Urquhart analyses the mediation pilot scheme.

Published: 16th Jun 2021

Service of notices on local authorities: statutory nuisance under the Environmental Protection Act 1990

Mathew McDermott discusses a recent case on the service of notices in prosecutions for statutory nuisance under the 1990 Act.

Published: 14th Jun 2021

Mathew McDermott on Service of Notices on Local Authorities: Statutory Nuisance under the Environmental Protection Act 1990

Published: 4th Jun 2021

Housing Allocation Schemes under the Magnifying Glass

Martin Khoshdel discusses the recent High Court decision in R (Nur and Abdulahi) v Birmingham City Council [2021] EWHC 1138 (Admin)

Published: 18th May 2021

Service Charges: When will conditions be imposed upon the grant of dispensation from consultation requirements?

Michael Grant discusses the recent Court of Appeal decision of Aster Communities v Kerry Chapman (and Ors) [2021] EWCA Civ 660, concerning the attachment of conditions to an award of dispensation from the consultation requirements under S.20 of the Landlord and Tenant Act 1985.

Published: 14th May 2021

Iris Ferber discusses High Court decision in R (Minott) v Cambridge City Council [2021] EWHC 211

Iris Ferber discusses the recent High Court decision in R (Minott) v Cambridge City Council [2021] EWHC 211 (Admin): Scope of “Local Connection” in Homelessness Applications

Published: 5th Mar 2021

Iris Ferber: The recent Supreme Court decision in R (on the application of Z) v Hackney LBC; Agudas Israel Housing Association Ltd [2020] UKSC 40: Positive Discrimination in Housing Allocation

Published: 2nd Nov 2020

Electronic signatures - lease extensions and enfranchisement where are we now?

Published: 24th Aug 2020

Disability Discrimination and Statutory Nuisance: Krishma Patel looks at the recent decision in the case of R (Fisher) v Durham CC [2020] EWHC 1277 (Admin) Knowles J

Published: 22nd Jun 2020

Appeals in Possession Claims also stayed under Practice Direction 51Z

Michael Grant discusses the recent appeal in London Borough of Hackney v Okoro concerning the scope of PD 51Z.

Published: 1st Jun 2020

Howard Lederman discusses the law surrounding HMOs

Published: 12th May 2020

Angela Piers looks at the impact of the PD 51Z stay in housing possession cases and discusses the case of Arkin v Marshall which will be in the Court of Appeal on 30th April 2020, ...

Published: 29th Apr 2020

Apportionment of Service Charges: Michael Grant discusses the recent Upper Tribunal decision of Williams v Aviva Investors Ground Rent [2020] UKUT 111 (LC)

Published: 23rd Apr 2020

Iris Ferber discusses the recent Court of Appeal decision in McMahon v Watford BC [2020] EWCA CIV 497: Vulnerability and the Public Sector Equality Duty

Published: 17th Apr 2020

Mathew McDermott discusses the recent Court of Appeal decision in James v Hertsmere BC [2020] EWCA CIV 489 and the 'contracting out' of review decisions pursuant to s.202 of the Housing Act 1996 James

Published: 15th Apr 2020

Rent repayment orders by local authorities – consequences of procedural defects

Published: 14th Apr 2020

Civil financial penalties – how much is too much?

Published: 14th Apr 2020

Ben Stimmler has co-presented a LexisNexis Webinar on Recent Developments in Residential Landlord and Tenant Law

Published: 5th Nov 2019

ADR, the failure to respond to a Letter of Claim and the Pre-Action Protocol for Housing Disrepair claims

Published: 5th Nov 2019

Housing Bulletin : Is An Old Version Of The Prescribed Section 8 Notice Still Useable?

Published: 4th Nov 2019

Path set for new implied term that electrical safety standards are met

Published: 23rd Oct 2019

Housing Law Bulletin – breach of the public sector equality duty and possession proceedings

In this bulletin Angela Piears looks at this recent Court of Appeal decision that considers whether, if a social landlord breaches its Public Sector Equality Duty (“PSED”) under section 149 Equality Act 2010 (“EA”), a court will assess if it would have made any difference had the social landlord in fact complied with its duty.

Published: 1st Aug 2019

42BR Housing Law Bulletin

In the latest newsletter from the Housing team at 42 Bedford Row, Mathew McDermott looks at the Supreme Court’s judgment dealing with the approach to affordability under Part VII Housing Act 1996

Published: 13th Jun 2019

What is a ‘good reason’ for bringing a homelessness appeal late?

Mathew McDermott summarises the key principles in this important area of homelessness litigation.

Published: 5th Jun 2019

42 Bedford Row Housing Law Bulletin: s.82 EPA 1990 Prosecutions and Costs

R. (on the application of Notting Hill Genesis) v Camberwell Green Magistrates' Court [2019] 5 WLUK 124

Published: 15th May 2019

The Condition of Residential Housing

A focused six-part series of free ‘Breakfast Sessions’ presented by highly experienced and specialist barristers

Published: 24th Apr 2019

42 BR Housing Law Bulletin - Landlords Still Affected by Gas Safety Requirements

Michael Grant discusses the recent County Court appeal of Trecarrel House Limited v Rouncefiled, HHJ Carr, County Court sitting at Exeter, 13 February (unreported)

Published: 21st Mar 2019

‘Fitness for Human Habitation’ Day

Today, 20 March 2019, the Homes (Fitness for Human Habitation) Act 2018 comes into force; introducing new sections 9A, 9B and 9C into the 1985 Act.

Published: 20th Mar 2019

42 BR Housing Law Bulletin - out-of-area placements and Part VII Housing Act 1996

Published: 18th Dec 2018

42 BR Housing Law Bulletin - section 21 notices and the ECtHR

In this Bulletin Niamh O'Brien looks at the recent decision of the European Court of Human Rights in FJM v. the United Kingdom. Is the section 21 process compatible with the ECHR?

Published: 6th Dec 2018

Housing Law Bulletin: long leases and short-term lets

In this Bulletin, Michael Grant discusses a recent County Court judgment of His Honour Judge Luba, QC, concerning prohibitions in long residential leases and the well-known short-let website ‘AirBnB’.

Published: 12th Nov 2018

Housing Law Bulletin: secure tenancies and ‘second successions’

London Borough of Haringey v Mulkhis Simawi [2018] EWHC 2733 (QB)

Published: 24th Oct 2018

Housing Law Bulletin: the Court of Appeal stresses the importance of informing defendants about legal aid in contempt proceedings

Elizabeth England discusses an important Court of Appeal case on sentencing for contempt of court where issues are raised in respect of Legal Aid

Published: 4th Oct 2018

Housing Law Bulletin: important changes in October 2018

In this Housing Law Bulletin, Mathew McDermott discusses some key changes that take effect from 1st of October 2018.

Published: 27th Sep 2018

Housing Law Bulletin: laying informations and the 6-month time limit

In this bulletin, Edmund Walters discusses a recent case in which he successfully appeared in the Divisional Court on a point concerning the laying of informations and doing so before the six-month time limit expires.

Published: 10th May 2018

Housing Law Bulletin: Banning Orders and the Housing and Planning Act 2016

In this Bulletin, Christi Scarborough discusses banning orders: what are they? When would one be used? What are their consequences? Banning Orders – what are they and how do they work? Christi Scarborough looks at new powers available to Local Authorities from 6 April 2018, and the circumstances under which private landlords or letting and

Published: 1st May 2018