There is always a danger in reading too much into a Westlaw note of judgment and, as we all know, context is everything, but even allowing for that, the decision in R (Bereket) v Waltham Forest LBC QBD, 4 November 2021 (Westlaw note only) looks...
All the blog posts, most recent first
Damp and Mould – “It’s not lifestyle”.
The Housing Ombudsman has released a special spotlight report addressing the issue of damp and mould, called "Spotlight on: Damp and mould. It’s not lifestyle" It is the result of both the media spotlight on social housing conditions (ITV News with...
Possession proceedings – end of the ‘overall arrangements’.
Yesterday (3 November) a statement from the Master of the Rolls announcing the end of the 'overall arrangements for possession proceedings', as of 1 November 2021, was put up on the judiciary website. The statement is here. (The original version of...
There’s a cheque on the table – s.21 and return of deposit
Gul v Bilal, Stratford Hearing Centre, 18 October 2021 (unreported. We've seen a note of hearing). A County Court decision on a landlord's application which adds to the not uncomplicated history of decisions on when a tenancy deposit counts as...
Rent Repayment applications – time limits for substituting parties
Gurusinghe & Ors v Drumlin Ltd (HOUSING - RENT REPAYMENT ORDER - Procedure) (2021) UKUT 268 (LC) Just a quick note on this one - an appeal to the Upper Tribunal on an FTT decision on an application to add a new respondent to an RRO application...
Waiver and determining breach of lease
Bedford v Paragon Asra Housing Ltd (LANDLORD AND TENANT - BREACH OF COVENANT - shared ownership lease) (2021) UKUT 266 An interesting Upper Tribunal appeal decision on whether the Tribunal can proceed to make a determination of breach of lease...
9 years of unsuitable accommodation – LGO award of £27,000
Our thanks to Naomi Trewinnard of Harrow Law Centre for this note of a remarkable Ombudsman decision in which LB Brent was found to have left a homeless household in wholly unsuitable temporary accommodation for 9 years - yes, 9 years. I've never...
Rent Repayment Orders – not ALL the rent.
Williams v Parmar & Ors (HOUSING - RENT REPAYMENT ORDER) (2021) UKUT 244 (LC) We knew that the Upper Tribunal has been itching to get an appeal on the approach to the assessment of the amount of a rent repayment order, ever since Ficcara v...
Homelessness – renewed applications and overlooked facts
Ibrahim, R (On the Application Of) v Westminster City Council (2021) EWHC 2616 (Admin) This was a judicial review of Westminster's refusal to accept a third homelessness application from Ms Ibrahim, following a review decision upholding a decision...
Private sector assortment
Some bits for private sector tenancies (in England, mainly), including s.21 notice periods, Tenant Fees Act and tenancy 'churn', an updated electrical safety guide for tenants, and the distant prospects of a Renters Reform Bill. I've belatedly...
Bedrooms – hypothetical rather than actual. Bedroom tax and actual use.
The Secretary of State for Work and Pensions v Hockley & Anor (2019) EWCA Civ 1080 A quick note because I somehow missed this at the time. The Court of Appeal overturned the Upper Tribunal decision (our note here) on whether assessment of...
The one where counsel is a witness
Axnoller Events Ltd v Brake & Anor (cross-examination on a draft witness statement) (2021) EWHC 2539 (Ch) I don't know how many of you have been following the Axnoller v Brake litigation (parties vary, but are basically the same). I suspect not...