HMOs, overcrowding standards and reasonableness of accommodation
Rowe v London Borough of Haringey (2022) EWCA Civ 1370 A Court of Appeal decision which has broader significance for considering overcrowding and whether it is reasonable for a homeless applicant to...
View ArticleOnce more unto the breach
Dorrington Residential Ltd v 56 Clifton Gardens Ltd (LANDLORD AND TENANT – BREACH OF COVENANT – tenant’s covenant to permit landlord to enter and inspect a residential flat) (2022) UKUT 266 (LC) An...
View ArticleOn credibility and penalties
Lowe v Charterhouse (2022) EW Misc 8 (CC) A county court deposit penalty claim judgment, but well worth noting because a) a Circuit Judge decision by HHJ Luba KC, b) there are some broader points in...
View ArticleRent Repayment Orders – Upper Tribunal on calculating amount, again.
Hancher v David & Ors (HOUSING – RENT REPAYMENT ORDERS – house in multiple occupation – failure to obtain an HMO licence) (2022) UKUT 277 (LC) This was an appeal from an FTT decision to make an...
View ArticleClicks, pops and nuisance
Tejani v Fitzroy Place Residential Ltd (2022) EWHC 2760 (TCC) This is another in what appears to be becoming a series (see previous post) of very expensive but failed nuisance claims. I will not go...
View ArticleWaking watch costs and flawed reports
Assethold Ltd v Leaseholders Of Corben Mews (LANDLORD AND TENANT – SERVICE CHARGES – whether reasonably incurred – costs of a waking watch) (2022) UKUT 282 (LC) An Upper Tribunal appeal of an FTT...
View ArticleService charges, burden of proof, and costs of proceedings
Assethold Ltd v. Nelio Patricio Teixeira Franco (LANDLORD AND TENANT – SERVICE CHARGES – ADMINISTRATION CHARGES – burden of proof – scope of costs incurred for the purpose of the preparation and...
View ArticleClik here to view.
An Avoidable Death
“Every death was avoidable” said Richard Millett KC at the closing submission to the Grenfell Inquiry. Now we know from the inquest verdict into the death of two year old Awaab Ishak’s that this death...
View ArticleAwaab Ishak – Coroner’s ruling and Reg 28 Report to Prevent Future Deaths
We now have the Coroner’s Findings and Conclusion for the inquest into the death of Awaab Ishak, and also the Regulation 28 Report for the purpose of preventing future deaths. (My previous post on the...
View ArticleAssessment of housing needs and cascading unlawfulness
YR, R (On the Application Of) v London Borough of Lambeth (2022) EWHC 2813 (Admin) Ms YR had applied to Lambeth as homeless. Her household consisted of her three children and four of her sister’s...
View ArticleSelection box
Brief notes on an assortment of cases. Kensington & Chelsea RLBC v Airbnb Payments Ltd (2022) EWHC 2209 (Ch) – not on Bailii Kensington sought a Norwich Pharmacal order against Airbnb Payments Ltd...
View ArticleRenting Homes (Wales) Act 2016: A new dawn for renting in Wales.
To celebrate the coming into force today (or yesterday if you are reading the email update) of a whole new housing legislative scheme in Wales, and thus a whole new jurisdiction of which I know little,...
View ArticleLeasehold in the Upper Tribunal – a medley.
Eastpoint Block A RTM Company Ltd v Otubaga (2022) UKUT 319 (LC) Eastpoint are a right to manage company for a block of flats. The company had brought proceedings for a determination of breach of lease...
View ArticleNot quite Notice to Quit
O G Thomas Amaethyddiaeth CYF & Anor v Turner & Ors (2022) EWCA Civ 1446 In which the Court of Appeal considers whether a notice to quit that named the wrong tenant was valid. This was an...
View ArticleDistant rumbles
Post Truss, we have been told once more that the Renters Reform Bill will be forthcoming before too long, and with it the end of section 21 as a way of getting possession for landlords. Now, like a...
View ArticleOmbudsman’s decisions and housing conditions claims
I’m going to break one of our rules (well, more of a guideline really) and comment on a case in which I had a role. I supervised the case, in which one of my colleagues acted for the claimant. It is...
View ArticleLeasehold Leftovers
Assorted quick leasehold related notes, to be done before they go off in the fridge. Kaye v Lees (2022) EWHC 3326 (KB) The aftermath of the decision on a mental health moratorium that we noted here. In...
View ArticleThe whirligig of time
A happy new year to all. I was going to do a new year video, as per the last two years, but as rain lashes the windows and the daylight disappeared about 2 pm, the level of faff involved was beyond me....
View ArticleInsurance premiums and commissions
Canary RIverside Estate LON/00BG/LSC/2019/0277 (copy decision here via Leasehold Knowledge Partnership) This was the FTT’s decision on an application by the residential leaseholders of the Canary...
View ArticleA lift too far. The extent of the section 11 obligation
Anchor Hanover Group v Cox (2023) UKUT 14 (LC) (Copy of judgment here. Not on Bailli or national archive yet) A somewhat unusual Upper Tribunal appeal concerning the application of section 11 Landlord...
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