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...
All the blog posts, most recent first
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...
Don’t look back
To end this horrible year, a video that is most definitely not a review of 2020.... (For reasons that were beyond me, the audio drafts out of sync once the edited video is exported from the editing app. I've tried to correct it but alas to no...
Property guardians, exclusive occupation and non-domestic rates
London Borough of Southwark v Ludgate House Ltd & Anor (2020) EWCA Civ 1637 This is the Court of Appeal judgment on what has been a long running dispute between Southwark and Ludgate House Ltd as to the rates to be paid on Ludgate House, an...
AST statutory notices and signing as a company
Northwood Solihull Ltd v Fearn & Ors (2020) EWHC 3538 (QB) There were two linked issues in this appeal. Where the landlord is a company, does i) a Section 8 Notice and ii) the deposit prescribed information confirmation certificate have to be...
Unlicensed HMO and reasonable excuse defence
Thurrock Council v Palm View Estates (HOUSE IN MULTIPLE OCCUPATION - defence of reasonable excuse for having control of or managing) (202)] UKUT 355 (LC) The Upper Tribunal corrects an FTT decision that Palm View Estates had a reasonable excuse...
Preference is not absolute – getting your allocation scheme wrong.
Nur & Anor, R (On the Application Of) v Birmingham City Council (2020) EWHC 3526 (Admin) This was (part of) a judicial review of Birmingham's implementation of its own allocation scheme. But before we get into the detail, we have to note at the...
Bedrooms- how many degrees of door opening?
SSWP –v- JM and Liverpool City Council (HB) (2020) UKUT 337 (AAC) An Upper Tribunal bedroom tax appeal decision that reminds us - or to newcomers, introduces you - to just how Alice in Wonderland things became because the bedroom tax regulations...
County court homelessness appeal assortment
AB v London Borough of Barnet. County Court at Central London, 1 October 2020. HHJ Saunders (Unreported. Copy of judgment here.) A s.204 Housing Act 1996 appeal of a review decision that an offer of accommodation in West Yorkshire was suitable in...
The things you never told me….
TJ v London & Quadrant Housing Trust, County Court at Central London, 18 November 2020, HHJ Saggerson. (Unreported, but I've seen the judgment.) This was a claim in negligent misstatement brought by Ms J. (For transparency, my Anthony Gold...
Overcrowding, children getting older and ‘deliberate acts’.
Flores, R (on the application of) v London Borough of Southwark (2020) EWCA Civ 1697 The was an appeal to the Court of Appeal from a first instance judicial review (our sceptical report here) of Southwark's decision that the Flores family being in...
And he’s not there…
Gibbins v Gibbins (LANDLORD AND TENANT - Refusal to adjourn - AirBnB lettings) (2020) UKUT 335 (LC) A breach of lease case in the Upper Tribunal which, despite the names, appears to be between two unrelated people. So I shall call them L - the...