Anon v LB Lewisham, Central London County Court, 5 July 2018 (Transcript of Judgment here) This was a s.204 appeal of a s.202 review on suitability of temporary accommodation provided to the appellant by Lewisham. This was originally temporary accommodation...
Weekend assortment
Some bits and pieces, of various levels of jaw dropping. MHCLG have produced updates for the Homelessness Code of Guidance. Under Chapter 8 'Priority need', there is a new section 8.40: 8.40 Any person who may reasonably be expected to die of a progressive...
Universal Credit – more woes
I may well be late to the party here, but a couple of specific issues with Universal Credit have been pointed out to me that I, at least, had not heard before. So, in case I am not alone, I pass these on. They both amount to a significant departure from the...
You ain’t the boss of me (yet)
Barrow & Anoe v Kazim & Ors (2018) EWCA Civ 2414 When a section 21 notice is served, does the party serving it (or on whose behalf it is served) have to be the tenant's landlord at that time? The situation in this second appeal was one that is now...
Succession and discrimination – death or divorce
London Borough of Haringey v Simawi & Anor (2018) EWHC 2733 This was a challenge, arising from a possession claim, to the 'one succession' rule on secure tenancies. Mr S was the son of Mr and Mrs Simawi, who were the joint secure tenants of a Haringey...
A way to deal with delinquent lessors?
A not infrequent problem for leaseholders is a landlord who takes a lackadaisical approach to enforcing leasehold covenants, or worse yet allows or waives breaches of covenants by certain leaseholders. It is a very rare lease that will allow direct...
Property Guardians – licence not tenancy in office building
Camelot Guardian Management Ltd v Khoo (2018) EWHC 2296 (QB) I missed this at the time (July). I might well have been on holiday, but also it didn't make the usual sources. This is quite a significant judgment on the issue of property guardians and the...
Harassment – when new evidence isn’t.
Taiwo v Homelets of Bath Ltd (2018) EWHC 2757 (QB) This was Homelets of Bath appeal from first instance judgment against them on Ms T's claim for harassment under Prevention of Harassment Act 1997 and Protection from Eviction Act 1977, and assault and false...
How… How did THAT happen? corner
Another in our occasional series of cases that cause you to splutter into your coffee. Kirby v Salvation Army Hostel Association (2018) QBD 12/10/2018 (Unreported. Lawtel note of extempore judgment) As far as we can tell, Mr K had been occupying a room in a...
Catching up – forfeiture & AST regulations
A couple of catch-up/postscript notes. We looked at Cheerupmate2 Ltd v Calce (2017) UKUT 377 (TCC) before - our report here - the landlord's forfeiture was held to be invalid and premature. Well, Cheerupmate2 Ltd appealed to the Court of Appeal. Cheerupmate2...
Late, later, too late
North v Tyndale. Clerkenwell & Shoreditch County Court (4 October 2018) (Thanks to Nik Nicol, One Pump Court and Sadikur Rahman, Edwards Duthie for note of decision on which this is based). So, from the Supreme Court, to a first instance county court...
Who lives in a shared home like this?
Nottingham City Council v Parr & Anor [2018] UKSC 51 It is not every day you see the Supreme Court setting HMO licence conditions, but today is that day. This was Nottingham's appeal from the Court of Appeal (and before that, the Upper Tribunal, and the...