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A couple of recent Upper Tribunal (Land Chamber) decisions on HMOs under licensing schemes. Urban Lettings (London) Ltd v London Borough Of Haringey [2015] UKUT 104 (LC) What does an 'appropriate person' 'having control of a HMO' mean in circumstances where...
It appears that Barnet Council (via the Mayor's casting vote) are determined to carry on with their plan to raise rents for council tenants, new and existing, to 80% of market rent or top of LHA rates, whichever is lowest. We previously spent some time on...
Now that the new pre-action protocols are sort of available, and have been in force since 6 April 2015 even when they were not available, people are having a look at them. And coming up with some issues. The new Pre-action Protocol for Possession Claims by...
Okadigbo & Anor v Chan & Anor [2014] EWHC 4729 (QB) When awarding a penalty for breach of the Section 213 Housing Act 204 requirements for tenancy deposits, the court has a discretion over the amount of penalty under section 214 "(4) The court...
Davis Solicitors LLP v Raja & Anor [2015] EWHC 519 (QB) A cautionary tale on how, when things go badly wrong, it is, by and large, better not to take active steps to make them worse. Davis Solicitors LLP (a sole practitioner practice run by Nancy...
There are new pre-action protocols in force from today, 6 April 2015, including the following: The Pre-Action Protocol for Judicial Review The Pre-Action Protocol for Housing Disrepair Cases The Pre-Action Protocol for Possession Claims by Social Landlords...
With the relevant parts of the Deregulation Act 2015 having come into force on 26 March 2015, time for a quick outline of what the changes mean for deposit protection and section 21 notices. Deposit taken pre 6 April 2007 which became statutory periodic...
Darby (administratrix of the estate of Lee Rabbetts deceased) v Richmond Upon Thames LBC [2015] EWHC 909 (QB) [Not on Bailii, we've seen the judgment]. Can a council's failure to carry out its responsibilities under its allocation scheme be the subject of a...
Our post on Nzolameso v City of Westminster [2015] UKSC 22 is here, but behind the headlines of the judgment (and it is a good judgment) is a whole history, even between the Court of Appeal and Supreme Court hearings. R(N) v Westminster City Council [2015]...
Hardy, R (on the application of) v Sandwell Metropolitan Borough Council [2015] EWHC 890 Oh, we have been waiting for this one. According to DWP survey evidence, some 75% of Councils take Disability Living Allowance into account as income when deciding on an...
Bounce message received for one of our email updates. I think it was this one (in which I tried so hard not to swear, but may have said damn. Also I mentioned Grayling). "Message blocked due to profanity content. Working with others we are improving quality...
Akerman-Livingstone v Aster Communities Ltd [2015] UKSC 15 When the Court of Appeal held that a disability discrimination defence to possession under Equality Act 2010 had to face the same 'seriously arguable' summary test as an Article 8 defence, we were...