First, a quick erratum to yesterday's post on upcoming housing law. The post had wrongly stated that the 1 June 2020 Tenant Fees Act changes would mean repaying deposits of over five weeks rent on pre 1 June 2019 tenancies. That is not the case, so...
All the blog posts, most recent first
Second homelessness application and new facts
Bukartyk, R (on the application of) v Welwyn Hatfield Borough Council (2019) EWHC 3480 (Admin) A judicial review of a refusal to take a second homeless application which should really be put in the 'Councils, don't do this' list of things that...
Property Guardians and Rent Repayment Orders
Oxley v Live in Guardians Limited LON/00BG/HMF/2019/0037 Thanks to Flat Justice (who represented the applicant) for news of this First Tier Tribunal decision. Ms Oxley occupied a room and shared communal space at a property that was formerly...
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...
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....
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...
EPA prosecution and costs
Notting Hill Genesis, R (On the Application Of) v Camberwell Green Magistrates' Court (2019) EWHC 1423 (Admin) I missed this at the time - May this year - I think because I was on hiatus. It is something of an oddity. It may well also be primarily...
Permission to appeal out of time – the strict approach
Emambee v London Borough of Islington (2019) EWHC 2835 (QB) We saw what seemed like a rather harsh refusal on permission to bring a s.204 Housing Act 1996 homelessness appeal out of time in London Borough of Hamlets v Al Ahmed (2019) EWHC 749 (QB)...
Rent payments, unless orders and relief from sanction
This is not really a housing case, being a commercial lease dispute, but there are a couple of points about relief from sanction and rent payments that are worthy of noting. Michael v Lillitos (2019) EWHC 2716 (QB) An appeal from a County Court...
Dishonourable discharge
SH, R (on the application of) v The London Borough of Waltham Forest (2019) EWHC 2618 (Admin) This was a judicial review of Waltham Forest's decision that it had discharged its s.193 Housing Act 1996 duty (the full homeless duty) to Ms SH by an...
No relief and unbalanced windfalls
Timbo v London Borough Of Lambeth (2019) EWHC 1396 (Ch) This is another in our occasional series of cases where residential leaseholders have had their leases forfeited and not obtained relief from forfeiture. (For other examples, see here, and...
Unlicensed HMO and date of offence
Luton Borough Council v Altavon Luton Ltd & Ors (2019) EWHC 2415 (Admin) An appeal by way of case stated from a DJ's decision at Luton Magistrates. The sole issue was whether the informations in the case had been laid within 6 months "from the...