Northwood Solihull Ltd v Fearn & Ors (2020) EWHC 3538 (QB) There were two linked issues in this appeal. Where the landlord is a company, does i) a Section 8 Notice and ii) the deposit prescribed information confirmation certificate have to be signed in...
Unlicensed HMO and reasonable excuse defence
Thurrock Council v Palm View Estates (HOUSE IN MULTIPLE OCCUPATION - defence of reasonable excuse for having control of or managing) (202)] UKUT 355 (LC) The Upper Tribunal corrects an FTT decision that Palm View Estates had a reasonable excuse defence to a...
Preference is not absolute – getting your allocation scheme wrong.
Nur & Anor, R (On the Application Of) v Birmingham City Council (2020) EWHC 3526 (Admin) This was (part of) a judicial review of Birmingham's implementation of its own allocation scheme. But before we get into the detail, we have to note at the start (as...
Bedrooms- how many degrees of door opening?
SSWP –v- JM and Liverpool City Council (HB) (2020) UKUT 337 (AAC) An Upper Tribunal bedroom tax appeal decision that reminds us - or to newcomers, introduces you - to just how Alice in Wonderland things became because the bedroom tax regulations left the...
County court homelessness appeal assortment
AB v London Borough of Barnet. County Court at Central London, 1 October 2020. HHJ Saunders (Unreported. Copy of judgment here.) A s.204 Housing Act 1996 appeal of a review decision that an offer of accommodation in West Yorkshire was suitable in discharge...
The things you never told me….
TJ v London & Quadrant Housing Trust, County Court at Central London, 18 November 2020, HHJ Saggerson. (Unreported, but I've seen the judgment.) This was a claim in negligent misstatement brought by Ms J. (For transparency, my Anthony Gold colleague...
Overcrowding, children getting older and ‘deliberate acts’.
Flores, R (on the application of) v London Borough of Southwark (2020) EWCA Civ 1697 The was an appeal to the Court of Appeal from a first instance judicial review (our sceptical report here) of Southwark's decision that the Flores family being in a...
And he’s not there…
Gibbins v Gibbins (LANDLORD AND TENANT - Refusal to adjourn - AirBnB lettings) (2020) UKUT 335 (LC) A breach of lease case in the Upper Tribunal which, despite the names, appears to be between two unrelated people. So I shall call them L - the leaseholder -...
New ‘How to Rent’ Guide – 10 December 2020
MHCLG has published a new 'How to Rent Guide' today, 10 December 2020. I've added it to the archive. As a reminder, for any post 1 October 2015 assured shorthold tenancy, or 'renewal' tenancy (where the guide as been updated), the tenant must be provider...
Brief assorted case notes
Bromford Housing Association Ltd v Nightingale (2020) EWHC 2648 (QB) An application for relief from sanctions by the defendant to file a late witness statement by a homeless officer in a possession claim was rightly refused by the first instance judge as the...
Suitable means available
Nikolaeva v London Borough of Redbridge (2020) EWCA Civ 1586 A quick note on this Court of Appeal decision concerning offers of permanent accommodation in discharge of duty. Ms N was owed the full housing duty as homeless by LB Redbridge. An offer of a...
Leaseholders and build defects webinar
Together with my Anthony Gold housing team colleague Jenny Evans, I did a webinar today (Wednesday) on build defects, issues and remedies for leaseholders. The video of the webinar is free to view here if anyone is interested or might find it of use. I would...