Shared Ownership and Right to Manage
Avon Ground Rents Limited v Canary Gateway (Block A) RTM Company Ltd (2023) EWCA Civ 616 This was the Court of Appeal judgment on a an appeal related to (but not from) the Upper Tribunal decision in...
View ArticleThink of other ways to meet the duty.
Our grateful thanks to Eleri Griffiths and Martin Hodgson of One Pump Court for the following note of a judicial review of LB Harrow’s failure to provide suitable accommodation under section 193...
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On the naughty step – a ‘rising star’ of Barking
Sadly, it appears that it is necessary to revive the long lapsed tradition of the Nearly Legal Naughty Step post. We have encountered a number of councils putting, or trying to put, damn silly clauses...
View ArticleGetting it all wrong… LB Redbridge ‘dismal’ homelessness decisions
UO v London Borough of Redbridge (2023) EWHC 1355 (Admin) Ms UO and her 3 children, aged 11, 5 and 3, were homeless and had applied to LB Redbridge. The family had NASS accommodation in the Tottenham...
View ArticleWhat happens after a banning order? The further adventures of Mr Rasool
Mohammed Rasool has featured here quite often, for getting an ASBi against him for illegal eviction, for his role in quite the bizarrest set of cases, in which he sought re-entry after alleged illegal...
View ArticleWales: The Good, the Bad and the Converted – part 1
Our very grateful thanks for the following (and hopefully Part 2) to Mike Norman of Harrow Law Centre, who has been appointed, whether he likes it or not, as our Wales correspondent – NL. Followers of...
View ArticleContractual costs in the Tribunal & County Court, with a guest appearance.
Right, I am back from a two week holiday (it was lovely thank you) so onwards… Crescent Trustees Limited v Behjat. Tribunal Ref: LON/00BJ/LSC/2021/0168, County Court Claim No F69YX307 I had my...
View ArticleWales – Renting Homes updates: The Good, the Bad and the Converted – part 2
Our grateful thanks as ever to Mike Norman of Harrow Law Centre for Part 2 of his updates on the implementation of Renting Homes (Wales) Act. Part 1 is here. Introduced by the Renting Homes regime, the...
View ArticleTales from the County Courts – non-occupation of council tenancy, unlawful...
A couple of County Court judgments – by HHJ Luba KC, as a circuit judge. Buckle up for a bumpy ride through the all too familiar county court landscape of erratic pleadings, lengthy delays and parties...
View ArticleUnlawful eviction – section 27 residence and section 28 damages
Wilson v Wilson & Anor (2023) EW Misc 5 (CC) A county court judgment on a claim under section 27 Housing Act 1988 for unlawful deprivation of occupation, against a background of breakdown in...
View ArticleSuitability appeal – don’t ignore evidence of need.
Our grateful thanks to Daniel Grütters of One Pump Court for the following note and copy of the judgment in a section 204 appeal on the suitability of temporary accommodation. Uddin v Hackney LBC...
View ArticleFrom the Upper Tribunal (Lands Chamber) and one Court of Appeal decision
Some brief notes on recent Upper Tribunal and Court of Appeal decisions on leasehold and service charge issues. Yambasu v London Borough of Southwark (LANDLORD AND TENANT – SERVICE CHARGES –...
View ArticleIntentional homelessness – what counts as accommodation?
Hodge v Folkestone and Hythe District Council (2023) EWCA Civ 896 A second appeal to the Court of Appeal on Folkestone’s decision that Ms Hodge as intentionally homeless because she had left a room in...
View Article‘Court rent accounts’, McKenzie Friends and allegedly inducing breach of...
I was going to finish off a very overdue post on a very interesting s.204 appeal on suitability, but that will have to wait – maybe tomorrow – because my jaw has just dropped on seeing this case report...
View ArticleSuitability s202 reviews and ‘minded to’ regulations
Elbhiri v Royal Borough of Kensington and Chelsea. 9 December 2022. Central London County Court (Unreported – copy of judgment ) This is a s.204 appeal judgment that I have been sitting on for an...
View ArticleReturn of deposit by cheque – Definitely maybe.
Richworth Ltd v Billingham (2023) EW Misc 8 (CC) Over the years we’ve seen a number of county court decisions on the issue of when a deposit counts as returned for the purposes of being able to serve a...
View ArticleDistance, affordability, suitability
Katie-Leigh Webb-Harnden v London Borough of Waltham Forest (2023) EWCA Civ 992 This was the second appeal from a review decision upholding the suitability of an offer of a private sector tenancy in...
View ArticleMental health and security of occupation
Islam & Anor, R (On the Application Of) v London Borough of Haringey (2022) EWHC 3933 (Admin) This was a judicial review of Haringey’s refusal to award Mr Islam Band A priority on its housing...
View ArticleWaking watch costs and failing to do Fire Risk Assessments
Radcliffe Investment Properties Ltd v Meeson & Ors (LANDLORD AND TENANT – SERVICE CHARGES) (2023) UKUT 209 (LC) This is a very interesting appeal to the Upper Tribunal on the issue of a freeholder...
View ArticleDamp, mould and the HHSRS
Cases yet to be written up are in a growing pile, but frankly it has been too darn hot to have the laptop on my lap for more than half an hour, so they are going to have to wait. Instead, here is a...
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