Brem v Murray & Marchant (2022) EWHC 1479 (QB) An appeal judgment from a first instance judgment on a claim for unlawful eviction, which deals with the landlord's liability for the unlawful eviction that had taken place. Mr Brem ran a hairdressing salon....
Freezing Houses
Still lots of cases and other things to write up, now including an appeal decision on liability for unlawful eviction damages by an intermediate landlord where the superior landlord illegally evicted the sub-tenant, and tomorrow (or today, depending on when...
This is not my beautiful house
Rasool v Paddington Company One Ltd (2021) EWHC 3633 (QB) A combined hearing of a return date on an ex parte interim junction for re-entry, and a claim for possession by the property owner against a trespasser. A somewhat unusual combination, you might...
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 for all involved in trying to calculate the relevant...
Misc – notice periods, evictions and an ASBi for illegal eviction
A few notes... As of 1 August 2021, the notice period for notices seeking possession on grounds of rent arrears for arrears of less than 4 months rent was reduced from 4 months notice to 2 months notice. Where arrears are of 4 months or more, the notice...
Committed to committal
Gunn & Launders v Khan (2020) EWCA Civ 1905 (Not on Bailii. Judgment on Westlaw. Only just come across it, via Legal Action) This was an appeal by the landlord, Saakib Khan, of an order sentencing him to six months imprisonment for contempt of court for...
Banning 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 few to date (even taking into account the time lag for...
The 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 through the 9 circles of the hell of the private rented...
Too soon? Asserting a tenancy should not have been dismissed at interim injunction
Ibrahim v London Borough of Haringey & Anor (2021) EWHC 731 (QB) Something of an oddity, and I'm not going to comment on the substantive claim, which will now likely proceed to trial, but this was an appeal from a County Court judgment on an interim...
Which Tier are you in, or out?
Via the High Court Enforcement Officers Association, comes sight of a letter from the Lord Chancellor to the HCEOA requesting that no evictions are carried out: a) where Tier 2 or Tier 3 restrictions are in place, and b) during the 11 December 2020 to 11...
The Parable of the Property Developer
Ruby Triangle Properties Ltd v Jesus Sanctuary Ministries Ltd (2020) EWHC 2247 (Ch) An unlawful eviction case, but not a residential one. A note because it is an interesting case of a badly behaved property developers, a church an a question over general...
Notes in passing
A couple of brief notes. In Opara v Olasemo (HOUSING - RENT REPAYMENT ORDER - unlawful eviction) (2020) UKUT 96 (LC), the Upper Tribunal corrected the First Tier Tribunal on its approach to the standard of proof on an illegal eviction and unlicensed HMO rent...