The Blog

A way to deal with delinquent lessors?

A not infrequent problem for leaseholders is a landlord who takes a lackadaisical approach to enforcing leasehold covenants, or worse yet allows or waives breaches of covenants by certain leaseholders. It is a very rare lease that will allow direct enforcement of covenants by leaseholders against other leaseholders, so those suffering from the activities of […]

Property Guardians – licence not tenancy in office building

Camelot Guardian Management Ltd v Khoo (2018) EWHC 2296 (QB)  I missed this at the time (July). I might well have been on holiday, but also it didn’t make the usual sources. This is quite a significant judgment on the issue of property guardians and the licence/tenancy distinction. This was Mr Khoo’s appeal of a […]

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Harassment – when new evidence isn’t.

Taiwo v Homelets of Bath Ltd (2018) EWHC 2757 (QB) This was Homelets of Bath appeal from first instance judgment against them on Ms T’s claim for harassment under Prevention of Harassment Act 1997 and Protection from Eviction Act 1977, and assault and false imprisonment, with damages to be assessed. Homelets were (and apparently are) a […]

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How… How did THAT happen? corner

Another in our occasional series of cases that cause you to splutter into your coffee. Kirby v Salvation Army Hostel Association (2018) QBD 12/10/2018 (Unreported. Lawtel note of extempore judgment) As far as we can tell, Mr K had been occupying a room in a Salvation Army hostel. However, he had not paid any room […]

Catching up – forfeiture & AST regulations

A couple of catch-up/postscript notes. We looked at Cheerupmate2 Ltd v Calce (2017) UKUT 377 (TCC) before – our report here – the landlord’s forfeiture was held to be invalid and premature. Well, Cheerupmate2 Ltd appealed to the Court of Appeal. Cheerupmate2 Ltd v Calce (2018) EWCA Civ 2230 Both parties were still unrepresented. The Court of Appeal held […]

Late, later, too late

North v Tyndale. Clerkenwell & Shoreditch County Court (4 October 2018) (Thanks to Nik Nicol, One Pump Court and Sadikur Rahman, Edwards Duthie for note of decision on which this is based). So, from the Supreme Court, to a first instance county court decision, but one that raises and probably disposes of, a certain line […]

Who lives in a shared home like this?

Nottingham City Council v Parr & Anor [2018] UKSC 51 It is not every day you see the Supreme Court setting HMO licence conditions, but today is that day. This was Nottingham’s appeal from the Court of Appeal (and before that, the Upper Tribunal, and the First Tier Tribunal (Property Chamber)) on the issue of […]

Doing the same thing all over again

Sajid v Nuur (2018) CLCC, 30 July (Judgment here) A county court appeal arising out of a set of proceedings starting with a disrepair claim by a private sector tenant, which raises issues of service and when second proceedings are an abuse of process. Our thanks to Hardwicke Chambers for making the judgment available. Mr Sajid […]