Assortment – RROs, landlord compensated for delay to homeless application,...
A handful of brief notes of things of interest. 16 Cornwall Gardens, London, NW10 2QX – (2021) UKFTT LON_00AE_HMF_2020_0097 A First Tier Tribunal decision on an application for a rent repayment order...
View ArticleRelief from forfeiture – Don’t dilly dally on the way
Keshwala & Anor v Bhalsod & Anor (2021) EWCA Civ 492 This was the second appeal, to the Court of Appeal, of a relief from forfeiture matter for commercial property that we have previously seen...
View ArticleSection 204 appeals – weighing medical evidence and ending ‘relief duty’
Perrott v Hackney London Borough Council, 29 Janaury 2021, Central London County Court (unreported – approved judgment here) and Perrott v Hackney London Borough Council, 29 January 2021, Central...
View ArticleRough sleeping and the immigration rules: an update
Back in October 2020, we covered the introduction of new 9.21.1 and 9.22.2 of the Immigration Rules (here). In outline, these created a power for the Secretary of State to refuse an immigration...
View ArticleMixed nuts – assorted notes
Various notes, including the possession claim mediation pilot, a ‘no DSS’ discrimination case, a service charge payability case, and a finding on the requirements of a statutory Environmental...
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It is a Friday, so new regulations made – form 3/section 8 notice. It doesn’t...
Admittedly slightly earlier on a Friday than we have come to expect, but still on a Friday to come into force the next working day, come The Assured Tenancies and Agricultural Occupancies (Forms)...
View ArticleService charge miscellany
Aster Communities v Kerry Chapman & Ors (2021) EWCA Civ 660 The Court of Appeal dsimissed Aster’s appeal from the Upper Tribunal and upheld the UT’s reasoning on setting conditions on Aster’s...
View ArticleRent Repayment Order and legal costs
Leibel v Baird CHI/29UC/HMF/2020/0035 (4 May 2021) (FTT decision available here) This was an application for a rent repayment order in respect of an unlicensed property. Unusually, it also featured a...
View ArticleLess Notice! More Forms! End of eviction ban!
I know, I know – it is a Wednesday, so you weren’t expecting new regulations and forms. Let alone a couple of weeks before they come into effect. But here they are! (For England only) The Govt...
View ArticleNur v Birmingham (Part 2): some on the allocation scheme are more equal than...
This case is the second part of a decision concerning the housing allocations scheme in Birmingham, with the December 2020 decision covered here on Nearly Legal. As NL‘s article shows, the judgment...
View ArticleA Sigh of Relief: Elkundi & Ors v Birmingham City Council
Hot on the heels of the decision in R (Imam) v London Borough of Croydon (2021) EWHC 739 (Admin) (see our note here) comes this altogether more satisfying decision, Elkundi & Ors, R (On the...
View ArticleThe Inferno of the private rental sector
For some reason, a whole tranche of First tier Tribunal decisions on rent repayment order applications have just shown up on Bailii. Collectively, they confirm that should you wish to take a journey...
View ArticleToo soon for a reasonable preference
Montero, R (On the Application Of) v London Borough of Lewisham (2021) EWHC 1359 (Admin) This was a judicial review of LB Lewisham’s allocation scheme, and specifically of the operation of the 5 year...
View ArticleBanning Order? Simples.
LB Camden v 1) Simple Properties Management Ltd 2) Mr MIguel Cabeo Cespedes LON/00BA/HBA/2020/0011 (not on Bailii yet. Copy of decision here.) A banning order! One of – if we are being honest – far too...
View ArticleSmorgasbord: Updated s.21 flowchart, EPA prosecution costs and an...
Having realised a day late that the Section 21 validity flow chart needed updating to take into account the new 4 month notice period (and 8 month ‘use it or lose it’ period) for section 21 notices...
View ArticleNo defence, no reasonableness – service charges and referral to the Tribunal.
Gell v 32 St John’s Road (Eastbourne) Management Company Ltd (2021) EWCA Civ 789 This is one of those cases where the Court of Appeal says “It is perhaps surprising that in the 35 years since the...
View ArticleProperty guardians, council properties, licensable HMOs and RROs against...
I somehow missed this fascinating rent repayment order application decision back in February, and just had my attention drawn to it by a remarkably dimwitted rule 13 costs application decision on the...
View ArticleEPCs and pre 1 October 2015 tenancies
Minister v Hathaway & Anor (2021) EWCA Civ 936 A Court of Appeal judgment on the applicability of the Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015 to...
View ArticleA reasonable excuse defence to an RRO –‘they told me they’d tell me’
D’Costa v D’Andrea & Ors (HOUSING – RENT REPAYMENT ORDERS – the defence of reasonable excuse) (2021) UKUT 144 (LC) An Upper Tribunal appeal of a rent repayment order. Ms D’Costa was the owner of a...
View Article‘If you’re not too hot, we’re evicting you”
Last night, as housing law twitter (yes there is such a thing) did what it does, this tweet from @marieajparis definitely caught my attention My client applied to suspend a warrant yesterday afternoon,...
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