Harassment and hot water for leaseholders
Grateful thanks to September 2019 edition of Legal Action – Housing: recent developments for this one. Whale and others v Maunder Taylor and Northwood Hall RTM Company Ltd, County Court at Central...
View ArticleProperty Guardians, commercial buildings and rates – appeal and grey areas
Ludgate House Ltd v Ricketts (VO) & Anor (RATING – HEREDITAMENT) (2019) UKUT 278 (LC) This was the appeal of the Valuation Tribunal’s decision that we reported here. And, while the Upper Tribunal...
View ArticleFreeholder rights of access to leaseholder’s premises to carry out works
Oxford City Council v Dr Piechnik, County Court at Oxford, 31 July 2019 (Unreported elsewhere, we’ve seen the judgment.) Oxford CC is the freehold owner of a 15 storey block of flats. Some 16 of 85...
View ArticleRent Repayment Orders, limitation and award periods.
This is worth a quick note from some comments and questions I have received after this post on a Rent Repayment Order (RRO). The issue is about the meaning of the requirement that an application for an...
View ArticleNew points on appeal, after a summary possession order
Notting Hill Finance Ltd v Sheikh (2019) EWCA Civ 1337 The court of appeal looks at circumstances in which new points can be raised on appeal, where a possession order has been made on a summary basis...
View ArticleFrom the County Courts – s.21 timing, breach of PSED
A couple of county court cases, with grateful thanks to Legal Action Housing: recent developments for reporting them. (Link requires subscription. Of course you should be subscribing.) Majiyagbe v...
View ArticleUnlicensed HMO and date of offence
Luton Borough Council v Altavon Luton Ltd & Ors (2019) EWHC 2415 (Admin) An appeal by way of case stated from a DJ’s decision at Luton Magistrates. The sole issue was whether the informations in...
View ArticleNo relief and unbalanced windfalls
Timbo v London Borough Of Lambeth (2019) EWHC 1396 (Ch) This is another in our occasional series of cases where residential leaseholders have had their leases forfeited and not obtained relief from...
View ArticleDishonourable discharge
SH, R (on the application of) v The London Borough of Waltham Forest (2019) EWHC 2618 (Admin) This was a judicial review of Waltham Forest’s decision that it had discharged its s.193 Housing Act 1996...
View ArticleRent payments, unless orders and relief from sanction
This is not really a housing case, being a commercial lease dispute, but there are a couple of points about relief from sanction and rent payments that are worthy of noting. Michael v Lillitos (2019)...
View ArticleCivil penalties, and appeals of appeals
AA Homes & Housing Ltd & Anor v London Borough Of Croydon (Order) [2019] UKUT B1 (LC) A bit of a curiosity, this. It is an Upper Tribunal decision on an application to for permission to adduce...
View ArticleAccommodation pending review – getting it wrong at s.189B stage
R (on the application of Laryea) v London Borough of Ealing (2019) QBD (Admin) 29/08/2019 (Not on Bailli, note of extempore judgment on Lawtel) Mr L was homeless and suffered from epilepsy and PTSD. He...
View ArticlePermission to appeal out of time – the strict approach
Emambee v London Borough of Islington (2019) EWHC 2835 (QB) We saw what seemed like a rather harsh refusal on permission to bring a s.204 Housing Act 1996 homelessness appeal out of time in London...
View ArticleBedroom tax, sanctuary schemes and human rights redux
Case of J. D. and A. v United Kingdom 32949/17 34614/17 The Supreme Court (Lady Hale and Lord Carnwath dissenting) found justified discrimination in imposing the bedroom tax on a woman who, as a result...
View ArticleFor this relief, much thanks
The Manchester Ship Canal Company Ltd v Vauxhall Motors Ltd (2019) UKSC 46 Just a quick note to record that the Supreme Court has held that the equitable remedy of relief from forfeiture is not...
View ArticleMore on “vulnerability”
In Guiste v Lambeth LBC (2019) EWCA Civ 1758, the Court of Appeal returned again to the meaning of Lord Neuberger’s eliptical phrase in Hotak v Southwark LBC that, for the purposes of the homelessness...
View ArticleEPA prosecution and costs
Notting Hill Genesis, R (On the Application Of) v Camberwell Green Magistrates’ Court (2019) EWHC 1423 (Admin) I missed this at the time – May this year – I think because I was on hiatus. It is...
View ArticleDiscrimination in ‘one succession’ for secure tenancies
Simawi v London Borough of Haringey (2019) EWCA Civ 1770 We saw this case in the High Court – our report here – now this is the court of appeal judgment on Mr S’ appeal, seeking a finding that there...
View ArticleUpper Tribunal roundup (The Very Late Summer 2019 edition)
There have been a fair few recent (and perhaps no-so-recent) decisions from the Upper Tribunal (Lands Chamber) on leasehold matters, so it’s time for a bit of a round up. Actually, it was time for a...
View ArticleAssorted – Licensing and prior offences, RROs and section 8 Notices
A triplet of brief notes. Hussain & Ors v London Borough of Waltham Forest (HOUSING – licensing) (2019) UKUT 339 (LC) This appeal was on the issue of whether a local authority and the First Tier...
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