The Blog

Property Guardians, vanishing companies and still getting it wrong

Camelot! Camelot! I know it sounds a bit bizarre, But in Camelot, Camelot That’s how conditions are. Camelot! Camelot! I know it gives a person pause, But in Camelot, Camelot Those are the legal laws.* You may or may not have heard that one of the largest Property Guardian firms put itself (and all its […]

FTT fails natural justice on tenant’s RRO application

Wilson v Campbell (HOUSING – RENT REPAYMENT ORDER) (2019) UKUT 363 (LC) In which the Upper Tribunal gives the First Tier Tribunal a thorough ticking off over its decision on a rent repayment order application. Ms Wilson had rented a room in a house from Mr Gareth Campbell between 31 March 2017 until 31 July 2018. […]

Manifesto mayhem

I cannot summon any enthusiasm for this election. It mostly makes me wish I lived in Scotland. But, despite this, I have forced myself to read the three main manifestos so I can summarise them for you all. Conservatives: To call this underwhelming is to give it undeserved praise. The primary focus is on expanding […]

Après nous le déluge – rents and water resellers

Royal Borough of Kingston-Upon-Thames v Moss (2019) EWHC 3261 (Ch) Ever since Jones v London Borough of Southwark (2016) EWHC 457 (Ch) (our report), the position on water rates taken as rent by a number of London Councils and Housing Associations under agreements with Thames Water has been conflicted. Some councils (including Southwark) refunded tenants the […]

Job ad – Islington

Islington Law Centre is recruiting! We are seeking an Experienced Housing Outreach Solicitor/Caseworker to join our team. Islington Law Centre is looking to recruit an experienced housing outreach caseworker to join its housing team. We are seeking a practitioner with experience in the full range of housing work: to include defending possession proceedings, allocations, homelessness and […]

Between structural defects and structural repairs

(NB photo is of an entirely unrelated building.) A constant issue in disrepair (at least until the Homes (Fitness for Human Habitation) Act 2018 for tenancies) and in leasehold major works charges matters has been the difficulties of liability for inherent defects and where and how it overlaps with repairs. Now the Upper Tribunal (Lands […]

Suitability when? Review and decision dates.

London Borough of Waltham Forest v Saleh (2019) EWCA Civ 1944 The Court of Appeal on section 202 Housing Act 1996 reviews of suitability and what facts should be relevant at the time of review. Mr Saleh was owed the full housing duty by Waltham Forest following a homeless application by Mr S for his household, […]

No going back

Regency (UK) Ltd v (1) Hussein Ali Hadi Albu-Swalin (2) Heartland Property Ltd (2019) QBD (Chamberlain J) 18/11/2019 (Note of extempore judgment on Lawtel) Regency had let flats to Heartland on the basis that Heartland would sublet to occupiers. Heartland sublet a flat to Mr Albu-Swalin in 2015. Mr A-S reported defects to the condition […]

Job Ad – Whitechapel

TV Edwards Solicitors LLP We are looking for a paralegal to support our housing, community care and public law solicitors based in our Whitechapel office. The role involves dealing with new client enquiries; assisting with casework advice and litigation; and some administrative tasks. The majority of our work is funded by legal aid. You will […]

If you go down to the woods today

Kerr & Anor (as Trustees) v Maass (2019) EWHC 95 (Ch) (This was from January, but has only just appeared.) This is a rather odd case concerning possession of a farmhouse in the Forest of Dean. It had been first occupied by the defendant’s mother and step father in 1993. The terms of this were […]