As 2015 comes to a dark, stormy close, with the roof making ominous noises and the sofa surrounded by sandbags, it is with a grim inevitability that we come to the 'end of year post'. The end of the year may customarily reek of gin and regrets, a time of...
Clarity and contractual costs in leases
Geyfords Ltd v O'Sullivan & Ors [2015] UKUT 683 (LC) The issue of the recovery of lessors' costs of county court and/or Tribunal proceedings from lessees under the service charge has been a hot topic of late. And it seems that there is something of a...
Freeholders behaving badly and FTT managers
Queensbridge Investments Limited v Lodge & Ors [2015] UKUT 635 (LC) There was quite a simple question at issue in this Upper Tribunal (Land Chamber) appeal - could the FTT appoint a manager to the whole of a building which contained a leased commercial...
Discretion, lip service and s188(3)
Barrett, R (On the Application Of) v City of Westminster Council [2015] EWHC 2515 (Admin) We're very late with this one for reasons which are no doubt entirely reasonable, but currently escape me. A judicial review of a refusal (or repeated refusal) to...
Bedroom tax updates
Assorted bedroom tax related items, while we wait for the Supreme Court to hear MA & Ors... In case number CH_2391_2015, the Upper Tribunal has ruled that an annual re-rating of housing benefit entitlement is a fresh decision each time, capable of being...
Ealing Comedy
R (on the application of A) v Ealing London Borough Council (2015) QBD (Admin) (Patterson J) 16/12/2015 (Not on Bailii yet, note on lawtel) Back in August, Ealing's allocation policy was found to be unlawful in HA, R (On the Application Of) v London Borough...
Bedroom farce
Mr Jones: [...] We want housing association landlords and tenants to reap the benefits from shorter-term tenancies as well. However, we clearly need to consider any changes to housing associations in the light of the recent decision of the Office for...
Not far enough on the naughty step?
Along with Ben Reeve Lewis, who as a former Tenancy Relations Officer really knows, we have long had a bee in our various bonnets about fines for illegal eviction levied by the Magistrates Court on prosecutions brought by local authorities. And so to Sead...
Disrepair miscellany: Good, bad and ugly.
Perhaps illustrating the need for the Court of Appeal to deliver the judgment in Moorjani (see preceding post), the December 2015 issue of Legal Action has Beatrice Prevatt's excellent annual 'housing repairs update'. We have covered many of the cases...
Unlawful seizure of a table and other bits
Yes, we do have a large backlog of cases to write up, thank you so much for noticing. We will get there, honest. Things have been very busy. In the meantime, a couple of snippets of interest. On 5 December, a Newham Council officer, together with police,...
When to call it a day…
Gitere, R (on the application of) v Secretary of State for the Home Department [2015] EWHC 3336 (Admin) The risks of a client deciding to go it alone at the last stage of judicial review proceedings. Mr G is an asylum seeker, awaiting the outcome of his...
The Housing Law Conference
The Housing Law Practitioners Association annual conference is on 8 December at the Royal College of Surgeons, London. 9.30 am to 6.20 pm 'Housing Rights and Righting Wrongs' This is the housing law conference. Highlights include: A panel discussion on...