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

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MOVERS & SHAKERS

WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

NEWS
Uber has built a formidable strategy for insulating itself from liability for drivers’ conduct, but the legal terrain differs sharply between the US and England and Wales
The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes
The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber
Artificial intelligence, proportionality and public decision-making are under increasing judicial scrutiny, according to the latest public law round-up from Herbert Smith Freehills Kramer
Families relying on informal agreements over property ownership could face costly consequences if disputes arise, the High Court has warned
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