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TFS Stores Ltd v The Designer Retail Outlet Centres (Mansfield) General Partner Ltd & Ors (2020) EWCA Civ 833 (02 July 2020) Another Court of Appeal challenge to the PD 51Z stay (and, by extension, the CPR 55.29 stay) this time brought to you...
Marchitelli v 15 Westgate Terrace Ltd (2020) UKUT 192 (LC) An Upper Tribunal appeal of an FTT decision that the leaseholder, Ms M, was in breach of lease, and specifically a restriction “Not to do or permit or suffer in or upon the Demised Premises...
Today, 29 June 2020, MHCLG issued an update to the statutory Homelessness code of guidance for local authorities. The relevant updates are to the chapter on priority need and consist of a new paragraph 8.44 and 8.45, as follows: 8.44 COVID-19:...
Escott, R (On the application of) v Chichester District Council (2020) EWHC 1687 (Admin) A judicial review where the relevant parts played out in the early stages of the pandemic lockdown, and where the central question was whether self contained...
A couple of news items, both relating to homelessness policies. First, following a judicial review challenge, LB Lambeth has agreed to end its ‘Temp2Settled’ Scheme. Under this scheme, since 2014, homeless applicants were promised higher priority...
Vadamalayan v Stewart and others (2020) UKUT 0183 (LC) The Upper Tribunal (Land Chamber) changes the ground rules on rent repayment orders... Ms Stewart and others were tenants of Mr V. The property was an unlicensed HMO and the tenants had applied...
On 1 June 2020, we noted here that The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 had a bit of a quirk. The regulations applied to all ‘new specified tenancies’ from 1 July 2020. But a ‘new specified...
Trecarrell House Limited v Rouncefield (2020) EWCA Civ 760 It is fair to say this Court of Appeal decision has been widely and keenly awaited. Unfortunately, for reasons I will explain in my comment at the end, I think it leaves us with a...
Mitchell, R (On the Application Of) v London Borough of Islington (2020) EWHC 1478 (Admin) Where a local authority has an initial s.188 Housing Act 1996 duty to provide interim accommodation, but then makes a s.184 decision that the applicant is...
There is more detail on the stay of possession proceedings that will replace Practice Direction 51Z on 25 June 2020. But first there is an amendment to PD 51Z. The amendment came out today, 11 June 2020 and is effective immediately. Here is the...
SSWP V WT and Redcar and Cleveland BC (HB) (2019) UKUT 372 (AAC) Very late to this one (I missed it) but a brief note on a doomed attempt in the Upper Tribunal to challenge The Secretary of State for Work and Pensions v Hockley & Anor (2019)...
Triplerose Ltd v Beattie & Anor (LANDLORD AND TENANT - BREACH OF COVENANT) (2020) UKUT 180 (LC) Another Upper Tribunal decision to add to the now large pile of cases on airbnb/short let use and breach of lease. In this case, the FTT had found...