Category Archives: FLW case note

Case notes for FLW syndication

Gonna get myself arrested

Maunder Taylor v SHG-SH20 Ltd 3CL02066 is one of the more interesting (and potentially, important) county court cases I’ve come across recently (transcript not publicly available; I’ve got one and am trying to persuade the Landlord and Tenant Reports to publish it). For reasons that will become clear, it has wider significance for LVT/FTT cases and although only a county court judgment, it is by HHJ Walden-Smith who is herself a judge of the UT(LC); not binding authority, I accept, but persuasive and important.

The case concerns the powers of the FTT/LVT under the Landlord and Tenant Act 1987. As you may know (and, if you don’t know, this excellent Read the full post

Also posted in Housing law - All, Leasehold and shared ownership | | Tagged , , , | 1 Comment

Disrepair: La luta continua!

2013 was a difficult year for claimant disrepair. Changes in legal aid funding have made it all but impossible to pursue a disrepair claim under legal aid alone, as funding is only available for an order to carry out repairs to where there is serious risk to health or well being of the tenant or other occupiers, and not for further repairs or the damages claim (although full funding remains for a counterclaim to a possession claim, which can be brought after the possession order).

For those carrying out disrepair claims under Conditional Fee Agreements, success fees ceased being recoverable from the Defendant, as did ATE premiums, but, despite … Read the full post

Also posted in Assured Shorthold tenancy, assured-tenancy, Disrepair, Housing law - All, Leasehold and shared ownership, Nuisance, secure-tenancy | | Tagged , | Leave a comment

Not adding up

As the number of people becoming homeless from private sector accommodation continues to rise, and as private sector accommodation is used for discharge of duty and temporary accommodation by Councils, the issue of affordability becomes more and more important. Both intentional homeless decisions and suitability decisions can rest on affordability.

The Court of Appeal considered affordability and the proper approach to it in Farah v London Borough of Hillingdon [2014] EWCA Civ 359.

This was the second appeal of Hillingdon’s s.202 review decision upholding the first decision that Ms Farah was intentionally homeless from her private sector tenancy because she had failed to pay the full rent.

Ms F applied … Read the full post

Also posted in Homeless, Housing law - All | | Leave a comment

Child’s rooms and odd rooms

I’ve added a couple of new bedroom tax First Tier Tribunal decisions to the FTT page.

There is a Newcastle decision (Reasons here. Known as the Isos decision after the landlord who supported the appeal) which is a separated family decision. The appellant’s son stayed some 4 nights a week with him, but the mother was the one in receipt of child benefit. The Tribunal decided, despite the Council pointing out that the guidance they had received was that only the parent with child benefit should be the one not to face the bedroom tax, that the bedroom was clearly the son’s bedroom and that the appellant’s … Read the full post

Also posted in assured-tenancy, Benefits, Housing law - All, secure-tenancy | | Tagged | 7 Comments

Infamy, infamy, they’ve all got it in for me*

Gustovarac v Croatia App. No, 60223/09 is a game-changer of a case. A possession case in which the European Court of Human Rights seems to be saying you don’t need a proportionality assessment.

Now, as you’ll all know, there is a line of European Cases, starting with McCann v UK, taking in Zehentner v Austria and meandering through a range of Croatian cases (Blecic, Orlic, Cosic, etc – see generally, here), which have stated that:

the loss of one’s home is a most extreme form of interference with the right to respect for the home.  Any person at risk of an interference of this magnitude should in principle

Read the full post

Also posted in Housing law - All, Possession | | 9 Comments

When is a storey not a storey?

The answer appears to be when it is only for access!

Bristol City Council v Digs (Bristol) Ltd [2014] EWHC 869 (Admin)

We first reported on this case briefly as a decision of the Bristol Magistrates Court. It has now been appealed by way of case stated and so the High Court has produced a definitive view.

The facts, briefly, were that Digs owns a series of properties in Bristol which are predominantly let to students. This property is a five storey property which is divided into two two storey maisonettes. The fifth storey is the basement which is not used and forms now part of this case. The case … Read the full post

Also posted in Regulation and planning | | Tagged , | Leave a comment