Rasool v Paddington Company One Ltd (2021) EWHC 3633 (QB) A combined hearing of a return date on an ex parte interim junction for re-entry, and a claim for possession by the property owner against a trespasser. A somewhat unusual combination, you...
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Notes (various)
As I stagger towards writing up some case law at the weekend, some notes on things that have happened. The Solicitors Regulation Authority published a Guidance note - "Advising on leasehold provisions including ground rent clauses". This covers a...
Suitability and affordability – Court of Appeal on assessing affordability
Paley v London Borough of Waltham Forest (2022) EWCA Civ 112 This was a second appeal to the Court of Appeal on the issue of whether Waltham Forest had taken to correct approach to assessing the affordability of an offer of a private tenancy in...
Job/Pupillage Ads – Bloomsbury, London, Isle of Wight
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No relief, no unjust enrichment.
Golding v Martin (2022) EW Misc 2 (CC) We first saw this forfeiture case when it went to the Court of Appeal (our note). Briefly, Ms Martin had bought a leasehold flat, and indeed extended the lease. In 2003, she went to live in Majorca. She left...
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Company landlords and signing notices
Northwood (Solihull) Ltd v Fearn & Ors (2022) EWCA Civ 40 This was a second appeal on the issue of the signing of tenancy deposit prescribed information certificates and section 8 notices by company landlords. The first appeal (our note here)...
R(ZLL) v SSHCLG: Everyone In a “call to action” not a policy
In this case, Fordham J scrutinised the nature of "Everyone In" and analysed whether it was a "policy", such as to impose public law duties on the Secretary of State on its curtailment. The judgment (2022) EWHC 85 (Admin) contains a detailed...
RROs, company directors and reasonable excuses
A couple of Upper Tribunal appeal decisions on rent repayment order cases. Kaszowska & Ors v White (HOUSING - RENT PAYMENT - whether a rent repayment order may be made against a director of a company landlord) (2022) UKUT 11 (LC) We saw the FTT...
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‘The present proceedings should never have been brought.’ ASB and disability discrimination.
Rosebery Housing Association Ltd v Williams & Anor (2021) EW Misc 22 (CC) Our grateful thanks to Marie Paris of Doughty Street Chambers for the following note of this County Court judgment. Applications for injunctions under Part 1 of ASBCPA...