The holiday was lovely, thank you. A couple of degrees hotter than the UK, but with a) the sea 45 seconds from my bed, and b) air conditioned rooms. But it left quite a lot to catch up on of previous backlog and 'while away' things - so, a first...
All the blog posts, most recent first
Assorted – RROs and advance rent, trespass and the PFE, and nuisance by footballs.
Various brief notes on assorted cases, including RROs, trespass and unlawful eviction for a licensee, and nuisance by football. Oh and use of make-up artists by a party... Pearton v Betterton Duplex Ltd (HOUSING - RENT REPAYMENT ORDER - rent paid...
The cases that weren’t.
This is a cautionary tale, somewhat along the lines of Hilaire Belloc's Cautionary Tales for Children. Consider this the "George: Who played with a Dangerous Toy, and suffered a Catastrophe of considerable Dimensions." of homelessness judicial...
What else to do? Disability discrimination and justification
Thiam v Richmond Housing Partnership (2025) EWHC 933 (KB) This was an appeal of a possession order made by HHJ Luba KC. Ms Thiam was the assured tenant of Richmond Housing. A possession order had been sought on grounds 8 (rent arrears), ground 14...
Oddities and Ends
Sorry for the silence, while the cases to write up have piled up. It has been a busy stretch in and out of work... More thorough write-ups of some cases will follow, but for now, a few brief notes on cases of interest and oddness. Thanks to Doughty...
Didn’t bother trying to find her. She’s not there.
Lumsden v Charles (2025) EWCC 7 A county court appeal in a tenancy deposit penalty claim, which is both a catalogue of 'you don't want to do it like that', and has a significant point on the operation of section 48 Landlord and Tenant Act 1987. Ms...
Case notes in passing – adverse possession rules, sale and rent-back, and the evidential burden in service charge disputes
A few brief notes on judgments of interest. Brown v Ridley & Anor (Rev1) (2025) UKSC 7 The Supreme Court considered para 5(4) to Schedule 6 Land Registration Act 2002 on the requirements for an application for registered title through adverse...
Bits of interest
A couple of brief notes on things of interest. Lewis v Francis & Anor (2025) EWHC 17 (Admin) An appeal from the Magistrates Court on a costs award on a failed s.82 Environmental Protection Act 1990 private prosecution. The Magistrates Court had...
No deductions without prior warning.
Roberts v Secretary of State for Work and Pensions (2025) EWHC 51 (Admin) A quick note on this judicial review of DWP policies on implementing 'diversionary' payments (direct payments of rent element of Universal Credit to landlords) and...
New year clear out
A pile of case notes that I've managed to do in the Betwixtmas/Merrineum, hopefully clearing the decks for the new year. It includes right to buy and the intention to return, FTT jurisdiction on rent increases, a council's unlawful interpretation...
Ealing comedy. Getting statutory nuisance very wrong
Ferko v Ealing Magistrates Court & Ors (2024) EWHC 2592 (Admin) This was an appeal by case stated to the High Court from a decision of Ealing Magistrates Court on a statutory nuisance/section 82 Environmental Protection Act 1990 prosecution. It...
Lateness – excusable and otherwise
Idara v Southwark LBC (2024) EWHC (KB) (unreported as yet) Thanks to 4-5 Grays Inn Square for their note of the case. This was an appeal to the High Court of the County Court's refusal to give permission for an out of time section 204 appeal....