Brem v Murray & Marchant (2022) EWHC 1479 (QB) An appeal judgment from a first instance judgment on a claim for unlawful eviction, which deals with the landlord's liability for the unlawful eviction that had taken place. Mr Brem ran a...
All the blog posts, most recent first
Freezing Houses
Still lots of cases and other things to write up, now including an appeal decision on liability for unlawful eviction damages by an intermediate landlord where the superior landlord illegally evicted the sub-tenant, and tomorrow (or today,...
A deliberate act needs options to choose between.
Milton Laines Roman (R OAO) v London Borough of Southwark (2022) EWHC 1232 (Admin) This was a judicial review of LB Southwark's refusal to place the claimant in Band 1 of its Allocation Scheme, on the basis that the claimant's current overcrowding...
Unravelling – the effect of a debt moratorium on enforcement steps taken during it.
Lees v Kaye (2022) EWHC 1151 (QB) This is another judgment on the operation of the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England & Wales) Regulations 2020. (The first was part of the Brake v...
Notes and gloats.
It is being reported that reform of the private rented sector, including the abolition of section 21, will be in the next Queen's Speech. It may not be a renters reform bill but part of a larger 'levelling up' bill, which does make one wonder about...
No messing about.
R (Elkundi) v Birmingham and R (Imam) v Croydon (2022) EWCA Civ 601 (not on Bailii yet. Copy of the judgment here) Two joined appeals on local authority duties to provide suitable accommodation under section 193 (2) Housing Act 1996 were before the...
EPA prosecution costs
Parker, R (On the Application Of) v Bashir & Anor (2022) EWHC 358 (Admin) A judicial review of a Magistrates Court decision on costs in a section 82 Environmental Protection Act 1990 prosecution. The prosecution had been brought in respect of a...
Delays to services…
Apologies, I know updates have been slow in the last few weeks - I have been very busy on a lot of time sensitive stuff and what down time I've had, has really been needed as, well, down time... But the blog has not been forgotten or abandoned,...
This is not my beautiful house
Rasool v Paddington Company One Ltd (2021) EWHC 3633 (QB) A combined hearing of a return date on an ex parte interim junction for re-entry, and a claim for possession by the property owner against a trespasser. A somewhat unusual combination, you...
R(ZLL) v SSHCLG: Everyone In a “call to action” not a policy
In this case, Fordham J scrutinised the nature of "Everyone In" and analysed whether it was a "policy", such as to impose public law duties on the Secretary of State on its curtailment. The judgment (2022) EWHC 85 (Admin) contains a detailed...
Remedying breach of Public Sector Equality Duty (or not)
Metropolitan Housing Trust Ltd v TM (2021) EWCA Civ 1890 We saw in Taylor v Slough Borough Council (2020) EWHC 3520 (Ch) (our note) that in possession claims where a defence of breach of public sector equality duty was raised, the courts would be...
The appearance of a substantial defence in possession claims, and property guardians and possession.
Global 100 Ltd v Laleva (2021) EWCA Civ 1835 There is a hell of a lot packed into one appeal here, so I'll try to be brief. This was Global 100's appeal of a first instance appeal (our note here) in which HHJ Luba QC had held that the first...