A couple of First Tier Tribunal decisions to add to the growing pile of findings that short let use is in breach of lease. City of Westminster v Madhukar Kothari LON/00BK/LBC/2019/0087 Mr Kothari had a right to buy lease of a City of Westminster...
All the blog posts, most recent first
District Heating and quantification of benefits
Strezovski and others v North Macedonia (App. Nos. 14460/16 and others) might not seem immediately relevant to readers. After all, housing law in North Macedonia is, I think we can safely say, quite different to England or Wales. But district...
Is a Section 8 notice on rent arrears a demand for rent?
I kindly been sent a couple of county court Circuit Judge decisions on the issue of whether section 8 notices (where the ground is rent arrears) have to comply with the requirements of section 47 Landlord and Tenant Act 1987 by the inclusion of the...
Oh! What a tangled web we weave…
Del Rio Sanchez v Simple Properties Management Limited. Central London County Court sitting at Oxford Combined Court. 24 February 2020 (Unreported elsewhere. Copy of judgment available here.) This is going to be quite long, I'm afraid, but this is...
Leasehold ASTs redux
Following on from yesterday's post by J on the CMA report (with its approach to the 'AST Trap') and from someone helpfully pointing out something that should have been completely obvious to me in the first place, I've re-written my old post on the...
Regulating Risk
Inclusion Housing Community Interest Company v Regulator of Social Housing [2020] EWHC 346 (Admin) I think this is the first judicial review of a regulatory decision by the Regulator of Social Housing and whilst, ultimately, the result is a fairly...
Residential Leasehold: The Competition and Markets Authority speaks
There are some major problems in the residential leasehold property market. They range from the simply inexcusable (e.g. the doubling ground rents that continue for the whole term of the lease), to the unintended legislative loophole (e.g. the long...
Timing is everything
When does the main housing duty under s. 193, Housing Act 1996 to provide suitable accommodation to 'successful' homeless applicants, who currently are in a property, take effect? Such a simple and important question; such tortured authorities,...
Conceptualising damages for housing conditions – they don’t add up.
We don't often run 'think-pieces' (this may be too generous a description), at least not when unattached to new case law, but the ongoing transformation of 'disrepair' into 'housing conditions' claims has got me (and I know others who write here)...
You know what I mean – Errors in section 8 notices
Pease v Carter & Anor (2020) EWCA Civ 175 Does an error in a section 8 notice - in this case specifically as to the earliest date on which possession proceedings can begin - invalidate the notice? At first instance in this case, the landlord...
Certainty of delivery of notices – Upper Tribunal on the burden of proof
38/41 CHG Residents Company Limited v Hyslop (LANDLORD AND TENANT - SERVICE CHARGES) (2020) UKUT 21 (LC) A quick note on a Upper Tribunal (LC) appeal concerning whether services charge demands had been delivered. At first instance, the FTT had...
The Overlooked
Fearn & Ors v The Board of Trustees of the Tate Gallery (2020) EWCA Civ 104 This is the latest round of what is becoming the most heavily litigated stretch of air space in London, assorted leaseholders of Neo Bankside against the Tate...