I somehow missed this fascinating rent repayment order application decision back in February, and just had my attention drawn to it by a remarkably dimwitted rule 13 costs application decision on the same case (on which more later on). There are a lot of...
No defence, no reasonableness – service charges and referral to the Tribunal.
Gell v 32 St John's Road (Eastbourne) Management Company Ltd (2021) EWCA Civ 789 This is one of those cases where the Court of Appeal says "It is perhaps surprising that in the 35 years since the Landlord and Tenant Act 1985 was enacted the effect on a claim...
Smorgasbord: Updated s.21 flowchart, EPA prosecution costs and an unsuccessful RRO
Having realised a day late that the Section 21 validity flow chart needed updating to take into account the new 4 month notice period (and 8 month 'use it or lose it' period) for section 21 notices served on or after 1 June 2021 brought in by The Coronavirus...
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...
Too soon for a reasonable preference
Montero, R (On the Application Of) v London Borough of Lewisham (2021) EWHC 1359 (Admin) This was a judicial review of LB Lewisham's allocation scheme, and specifically of the operation of the 5 year residence requirement for eligibility to join the housing...
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...
Less Notice! More Forms! End of eviction ban!
I know, I know - it is a Wednesday, so you weren't expecting new regulations and forms. Let alone a couple of weeks before they come into effect. But here they are! (For England only) The Govt announced that from 1 June 2021 there will be new notice periods...
Rent Repayment Order and legal costs
Leibel v Baird CHI/29UC/HMF/2020/0035 (4 May 2021) (FTT decision available here) This was an application for a rent repayment order in respect of an unlicensed property. Unusually, it also featured a rule 13 costs application by the tenant. Ms Leibel was one...
Service charge miscellany
Aster Communities v Kerry Chapman & Ors (2021) EWCA Civ 660 The Court of Appeal dsimissed Aster's appeal from the Upper Tribunal and upheld the UT's reasoning on setting conditions on Aster's application for dispensation from section 20 consultation...
It is a Friday, so new regulations made – form 3/section 8 notice. It doesn’t work.
Admittedly slightly earlier on a Friday than we have come to expect, but still on a Friday to come into force the next working day, come The Assured Tenancies and Agricultural Occupancies (Forms) (Moratorium Debt) (Consequential Amendment) (England)...
Mixed nuts – assorted notes
Various notes, including the possession claim mediation pilot, a 'no DSS' discrimination case, a service charge payability case, and a finding on the requirements of a statutory Environmental Protection Act notice before prosecution. MHCLG have (slightly...
Section 204 appeals – weighing medical evidence and ending ‘relief duty’
Perrott v Hackney London Borough Council, 29 Janaury 2021, Central London County Court (unreported - approved judgment here) and Perrott v Hackney London Borough Council, 29 January 2021, Central London County Court (unreported - approved judgment here) Two...