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Civil way: 31 January 2025

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

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Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
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In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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