The ramifications of Jones v London Borough of Southwark (2016) EWHC 457 (Ch) (our report) rumble on. Following the finding that Southwark were a water reseller for the purposes of The Water Resale Order 2006 in adding water rates to the tenants'...
All the blog posts, most recent first
“Perverse Incentives”
Osman, R (on the application of) v London Borough of Harrow [2017] EWHC 274 (Admin) A challenge to Harrow's allocation policy, specifically on the 'downgrading' of allocation priority for overcrowded households in PRS accommodation, while existing...
It ain’t what you do, but the way that you do it – property guardians & ‘licences’
(1) Camelot Property Management Ltd, (2) Camelot Guardian Management Ltd v Greg Roynon. County Court at Bristol, 24 February 2017 (copy of Judgment) We've noted the issues bubbling away between Camelot and property guardians in Bristol (here, and...
Medley
Here are various bits and pieces, while we await big cases such as the Supreme Court decision in Poshteh v RB Kensington & Chelsea. (You can watch the hearing here.) We don't usually promote events on Nearly Legal, but I am happy to make an...
Failings and functions
BBC News reported on the effect of the Retaliatory Eviction provisions in the Deregulation Act, some 16 months on. A large scale FOI request produced the result that only 19% of councils had recorded stopping even 1 retaliatory eviction through...
Who knows where? – service and the Land Registry
Service of notices, claims etc on 'last known address' can be a bit of a thorny issue. Not least the question of the extent of reasonable inquiries to find the missing person before the 'last known address' can be relied on for service. Thus the...
Service charges, contracts, social housing and subsidies
Thomas Homes Ltd v Colin MacGregor [2016] UKUT 495 (LC) An interesting question. To what extent, if at all, can leaseholders' service charges be set at a level to 'subsidise' a shortfall as against actual maintenance costs in service charges...
Reasonable costs of Improvements
The London Borough of Hounslow v Waaler [2017] EWCA Civ 45 We saw the Upper Tribunal take a new approach to determining whether the costs of improvement works, passed on through the service charge, were reasonably incurred. The UT held that...
Perception of doors*
Southwark Council v Various Lessees of the St Saviours Estate [2017] UKUT 10 (LC) (Full disclosure - my firm acted for the Lessees). The issue in this Upper Tribunal case was whether LB Southwark was entitled charge the leaseholders for works to...
‘Solicitor’s agents’ yet again – no rights of audience?
Following on from this post and then this one, there are further developments on the issue of rights of audience for 'solicitors agents' or 'advocates' - those who turn up to represent a party despite not being qualified to provide advocacy on...
Costs and inquiries – homelessness appeals
The London Borough of Croydon v Lopes [2017] EWHC 33 (QB) Costs on settled s.204 Housing Act 1996 appeals - the issue that never goes away. The latest instalment also brings with it some rather sharp findings by the Court of Appeal on the extent of...
Suitability and PSED
London Borough of Hackney v Haque [2017] EWCA Civ 4 In which the Court of Appeal grapple with the application of the Public Sector Equality Duty to decisions on suitability of accommodation provided under s.193 Housing Act 1996 (in satisfaction of...