I know, I know. Updates have been thin on the ground. I’m afraid it is the ‘work and life getting in the way’ thing again. I’ve got a lot on my plate and no time and/or energy to do case notes. So, in the meantime, here’s a list of things that I will eventually do – for your information and my continuing guilt.
Fearn & Ors v Board of Trustees of the Tate Gallery (2023) UKSC 4 – can ‘visual intrusion’ by overlooking amount to actionable nuisance? The Supreme Court (by a majority) says yes, but only for a ‘particular and exceptional use of land’. Along the way, the law of nuisance has its tyres kicked.
TX, R (On the Application Of) v Adur District Council (2022) EWHC 3340 (Admin) – Allocation policy ‘local connection’ provision unlawfully discriminated against women fleeing to the council’s area due to domestic violence.
E. L., R (on the application of) v The Royal Borough of Kensington and Chelsea (2022) EWHC 3185 (Admin) – enforcement of an injunction against a Grenfell survivor was not a breach of his legitimate expectation, nor was there a breach of policy in failing to make a direct offer of Part 6 accommodation.
Wright v Rogers (2022) EWCA Civ 1658 – appeal against committal for breach of order to clear wheelie bins, plants and rubbish from joint entrance way. Includes the memorable passage:
In her correspondence, the defendant has denied the jurisdiction of this court which she refers to as a “private corporate enterprise”…..that has been “conspiring with the claimant” …and rather than comply with the Order and clear the driveway she has instead at various times sought to rely on Magna Carta, the Committee of the Barons, Islamic Law, the jurisdiction of the United States and the Court of International law.
Dowd v Martins & Ors (2022) UKUT 249 (LC) – appeal against Rent Repayment Order, successful only on the amount of the order, where the FTT had erred in basing the award on 10% of the rent.
Marigold et al v Wells (2023) UKUT 33 (LC) – Upper Tribunal on a reasonable excuse defence to a rent repayment order. FTT had erred in not considering whether it was reasonable for the landlord to continue not to check if a licence was required over time, even if reasonable at the time the the requirement was introduced.
Partakis-Stevens & Anor v Sihan & Ors (2022) EWHC 3249 (TCC) – Nuisance claim for water run-off from adjoining garden after landscaping works.
The first Remediation Contribution Order under Building Safety Act.
Brunswick Mansions Management Company Ltd v Triplerose Ltd (LANDLORD AND TENANT – SERVICE CHARGES – orders under section 20c of the Landlord and Tenant Act 1985 and under paragraph 5A of Schedule 11 to the Common and Leasehold Reform Act 2002) (2023) UKUT 31 (LC) – failed appeal against a section 20C order against freeholder where management company had made arguments on behalf of freeholder.
Mooney v Whiteland (2023) EWCA Civ 67 – the Court of Appeal considers whether the Rent Assessment Comittee has jurisdiction to determine whether a section 13 Housing Act 1988 notice is valid. Short answer, it doesn’t.
Davies v Bridgend County Borough Council (2023) EWCA Civ 80 – the Court of Appeal on residual diminution in value/blight in nuisance cases (here Japanese knotweed) – it is not ‘pure economic loss, and is recoverable in damages.
Also, the Housing Ombudsman has issued a report on social landlords’ responses to the 16 month old ‘spotlight report’ on damp and mould, and the Regulator of Social Housing published its ‘initial findings’ on damp and mould in social housing. (Apparently social landlords said it was fine, they knew about it all and were sorting it. And the regulator swallowed it.)
And, in a stay of execution, fixed recoverable costs for housing cases are delayed for two years after the general introduction of FRCs in October.
Normal service will eventually be resumed…