Late service charge demands and the importance of contemplating forfeiture...
No. 1 West India Quay (Residential) Ltd v East Tower Apartments Ltd (2021) EWCA Civ 1119 This was a second appeal to the Court of Appeal from the Upper Tribunal on two issues arising from long running...
View Article1 October – new (old) notice periods and new forms
New regulations were laid today (9 Sept) coming into force on 1 October 2021 for England. The snappily titled The Coronavirus Act 2020 (Residential Tenancies and Notices) (Amendment and Suspension)...
View ArticleInjunction for re-entry and balance of convenience.
Mahandru v Nielson (2021) EWHC 2297 (QB) An appeal of a County Court decision to refuse an interim injunction for re-entry in a claim for illegal eviction. The claimant, Mr Mahandru hd been living in a...
View ArticleCancelling a debt moratorium – some issues
Axnoller Events Ltd v Brake & Anor (mental health crisis moratorium) (2021) EWHC 2308 (Ch) I’m not going into any detail on the background to this judgment. It forms part of what has been by any...
View ArticleMisc – erratum, Bedroom tax and DA, and Tribunal managers and reserve funds
An assortment of things… First an erratum to yesterday’s post on the High Court judgment on applications to cancel a debt moratorium. The High Court had held that such an application must be by claim...
View ArticleWhen a specified sum is a variable service charge.
Aly & Anor v Wickham & Anor (2021) EW Misc 12 (CC) This was an appeal to a Circuit Judge from a first instance decision on a money claim for unpaid service charges for holiday lodges. The lease...
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Things! Useful and allowing for schadenfreude
An assortment of useful and amusing things for a Sunday. First, the many and varied changes to the notice periods and validity periods of section 21 notices over the last 18 months has caused headaches...
View ArticleReview or repetition?
There is always a danger in reading too much into a Westlaw note of judgment and, as we all know, context is everything, but even allowing for that, the decision in R (Bereket) v Waltham Forest LBC...
View ArticlePossession news
A couple of items on possession claims and evictions. And another occasion to overuse exclamation marks. According to the Minutes of the CPR Committee meeting of 8 October 2021, Practice Direction 55C...
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They’re making a list, they’re checking it twice*
Sandwell Metropolitan Borough Council are proposing to amend their tenants’ secure tenancy agreements. Unfortunately, in their wisdom, they have decided to include a new tenancy condition as follows:...
View ArticleReasonable evidence of in reasonable condition – private sector discharge
Hajjaj v City of Westminster (2021) EWCA Civ 1688 Where a local authority proposes to discharge the homeless duty by an offer of private sector accommodation, what does it have to do to satisfy itself...
View ArticleRecitation is not application
SR v Lambeth London Borough Council, County Court at Central London, 21st October 2021 H40CL201 – HHJ Roberts (unreported elsewhere) Our thanks to Justine Compton of Garden Court Chambers for the...
View ArticleDavidoffed.
Since our post on the FTT decision in Maharaj & Lo Porto v Richard Davidoff (Tribunal appointed manager) LON/00AL/LSC/2020/0111, there have been some developments with regard to Richard Davidoff...
View ArticleNot unaware enough – intentional homelessness in the Court of Appeal
Ciftci v London Borough of Haringey (2021) EWA Civ 1772 A second appeal to the Court of Appeal on Haringey’s decision that Ms Ciftci was intentionally homeless. Ms C lived in Switzerland, where she had...
View ArticleCourt of Appeal on time of demands and legal costs in service charges
Kensquare Ltd v Boakye (2021) EWCA Civ 1725 A second appeal to the Court of Appeal from the Upper Tribunal on a service charge dispute – a decision we briefly noted as Kensquare Ltd v Adwoa & Anor...
View ArticleThe appearance of a substantial defence in possession claims, and property...
Global 100 Ltd v Laleva (2021) EWCA Civ 1835 There is a hell of a lot packed into one appeal here, so I’ll try to be brief. This was Global 100’s appeal of a first instance appeal (our note here) in...
View ArticleNo covering this up
As we reach the end of a truly awful week for the government* the National Audit Office has decided to get in on the act. The Regulation of Private Renting report is the equivalent of a (fully...
View ArticleLeasehold assortment
Some quick notes on leasehold related cases. Termhouse (Clarendon Court) Management Ltd v Al-Balhaa (2021) EWCA Civ 1881 The First Tier Tribunal has now power to enforce its decisions. This has to be...
View ArticleProperty Guardian firms, HMOs, licences, penalties and RROs – it is all here
It turns out that at more or less the same time as Global 100 were pursuing their appeal in the Court of Appeal with regard to their possession claim against a guardian who had been occupying a...
View ArticleVarious notes – anniversaries, punishments, evictions and RROs.
A few notes on events and a couple of RRO cases. Landlord Law, run by Tessa Shepperson, has achieved the remarkable feat of passing its 20th anniversary. That is really quite something for an online...
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