Timbo v London Borough Of Lambeth (2019) EWHC 1396 (Ch) This is another in our occasional series of cases where residential leaseholders have had their leases forfeited and not obtained relief from forfeiture. (For other examples, see here, and...
All the blog posts, most recent first
Unlicensed HMO and date of offence
Luton Borough Council v Altavon Luton Ltd & Ors (2019) EWHC 2415 (Admin) An appeal by way of case stated from a DJ's decision at Luton Magistrates. The sole issue was whether the informations in the case had been laid within 6 months "from the...
From the County Courts – s.21 timing, breach of PSED
A couple of county court cases, with grateful thanks to Legal Action Housing: recent developments for reporting them. (Link requires subscription. Of course you should be subscribing.) Majiyagbe v Singh and Sandhu, County Court at Central...
New points on appeal, after a summary possession order
Notting Hill Finance Ltd v Sheikh (2019) EWCA Civ 1337 The court of appeal looks at circumstances in which new points can be raised on appeal, where a possession order has been made on a summary basis under CPR Part 55, concluding that there is no...
Rent Repayment Orders, limitation and award periods.
This is worth a quick note from some comments and questions I have received after this post on a Rent Repayment Order (RRO). The issue is about the meaning of the requirement that an application for an RRO is brought within 12 months of a relevant...
Freeholder rights of access to leaseholder’s premises to carry out works
Oxford City Council v Dr Piechnik, County Court at Oxford, 31 July 2019 (Unreported elsewhere, we've seen the judgment.) Oxford CC is the freehold owner of a 15 storey block of flats. Some 16 of 85 flats are now held by long leaseholders on right...
Property Guardians, commercial buildings and rates – appeal and grey areas
Ludgate House Ltd v Ricketts (VO) & Anor (RATING - HEREDITAMENT) (2019) UKUT 278 (LC) This was the appeal of the Valuation Tribunal's decision that we reported here. And, while the Upper Tribunal overturns the VT's decision, it does so in ways...
Harassment and hot water for leaseholders
Grateful thanks to September 2019 edition of Legal Action - Housing: recent developments for this one. Whale and others v Maunder Taylor and Northwood Hall RTM Company Ltd, County Court at Central London, May 2019 Mr Maunder Taylor was an...
Warrants of possession – fresh grounds and Equality Act defences
Where a landlord already has a possession order for rent arrears, but then seeks a warrant also on the basis of anti-social behaviour, the usual route has been for the landlord to ask the court to consider whether the warrant should be stayed in...
HMRC propose to fine tenants for not paying their landlord’s tax.
No, really. I'm not being melodramatic. Not all tenants, and not all landlords, granted, but that is exactly what HMRC say may be done. This is all about non-resident landlords, living overseas for more than 6 months a year. HMRC are (quite...
Banned leader
Look, look! A banning order! I don't know if this is the first, it may well be. It is certainly the first decision I have seen. 43 Dudmaston, Telford, Shropshire TF3 2DF: BIR/00GF/HSH/2019/0001 This is the First Tier Tribunal (Property Chamber)...
Injunctions, evictions and unrepresented parties
Brown v Tyndale (2019) QBD (Robert Francis QC) 25/07/2019 (unreported, but note of extempore judgment on lawtel) The kind of thing that happens when neither party is represented... In December 2018, Mr Brown had obtained an ex parte injunction...