In this irrationality challenge, R(Minott) v Cambridge City Council (2021) EWHC 211 (Admin), the High Court rejected Mr Minott's claim that his unlawful occupation of a property gave him a local connection to Cambridge. It also rejected his...
All the blog posts, most recent first
New last minute rule changes! (Well, directions)
It was the Friday afternoon on the date that the old rules were due to expire, so naturally, as is now utterly traditional, new rules appeared without notice or fanfare. CPR Practice Direction 55C was updated this afternoon, 29 January 2021, on...
Lancashire Hot Pot – waiver of forfeiture and landlord knowledge of breach
On 22nd January the Court of Appeal handed down its judgment in the case of Faiz v Burnley Borough Council (2021) EWCA Civ 55. Judgment dismissing the appeal was given by Lewison LJ; with whom Arnold and Asplin LLJs agreed. The case came on...
And no returns…
Merritt v Thurrock Council & Anor (2021) EW Misc 2 (CC) A county court case of duelling injunction applications concerning Ms Merritt's (re)occupation of what had been temporary accommodation arranged by Thurrock and managed by Midos Managment...
Trying to shoot the messenger.
Moorjani v Kilcoyne (Rev 1) (2020) EWHC 3463 (QB) The name of Moorjani may be familiar. We first encountered Mr Moorjani in a judgment transforming the case law on loss of amenity damages in disrepair claims in the Court of Appeal. However, despite...
Lost on (civil) penalties: Sutton v Norwich in the Court of Appeal
Sutton v Norwich (2021) EWCA Civ 20, on appeal from the Upper Tribunal (Lands Chamber) (2020) UKUT 0090 (LC), 20th March 2020. Underhill (VP Court of Appeal, Civil) LJ; Moylan and Newey LLJ; In this case, the Court of Appeal considered the civil...
Ping Pong and fire safety
Fire safety issues in blocks of flats and other multi-occupancy buildings are one of, if not *the* biggest issue in housing law and policy today. The background is pretty well-known and, for present purposes, can be quite easily summarised. Since...
Eviction Stay Redux
Breaking with the tradition of laying such regulations on a Friday evening the day before they come into effect, the Govt has laid The Public Health (Coronavirus) (Protection from Eviction) (England) Regulations 2021 on the Friday lunchtime. These...
Prescribed information and signing as a company – erratum/update
We looked at Northwood Solihull Ltd v Fearn & Ors (2020) EWHC 3538 (QB) in this post (now with an addition) and I discussed it in this video. But it turns out there is something a bit problematic about this High Court decision. The High Court...
Leasehold reform in prospect – part 1
The Government has today announced plans for forthcoming legislation on leasehold reform as an initial step on a programme of reform that broadly follows the Law Commission reports and recommendations. What was announced today is that there will be...
PSED, breach and ‘subsequent compliance’.
Taylor v Slough Borough Council (2020) EWHC 3520 (Ch) An appeal on the issue of whether a Council landlord's initial failure to have regard to the Public Sector Equality Duty on commencing possession proceedings could be remedied by later...
Did you mean to do that? An error in the new Part 6 HA 1996 guidance?
On 31 December 2020, the government published new guidance on Part 6 and Part 7, Housing Act 1996. The Part 7 guidance relates to eligibility post Brexit (i.e. Chapter 7 of the Code) and can be found here. It looks like it's just a summary of the...