header-logo header-logo

31 January 2025 / Stephen Gold
Issue: 8102 / Categories: Features , Procedure & practice , Civil way
printer mail-detail

Civil way: 31 January 2025

Tenant fees and s 21; illegal but okay; decree absolute online searches; debt relief challenge ruling.

TENANT FEES TRAP AVOIDED

While in breach of the Tenant Fees Act 2019 (TFA 2019), a landlord may be paralysed from serving a s 21, Housing Act 1988 notice (they haven’t gone yet, folks) and any possession claim made on the strength of such a notice will be kicked out. But is there the same paralysis as a result of a payment required and made under an earlier tenancy for the premises between the same parties which was entered into before TFA 2019 came into force on 1 June 2019, but which would have been prohibited under TFA 2019? That was the issue in Switaj v McClenaghan [2024] EWCA Civ 1457, leapfrogged to the Court of Appeal because of its importance. The tenant’s primary argument was that the position was analogous with that in the much-hated Superstrike Ltd v Rodrigues [2013] EWCA Civ 669 on tenancy deposits, where the terms of the

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

back-to-top-scroll