Global 100 Ltd v Kyselakova & Ors (2021) EW Misc 13 (CC) This is the judgment in an appeal to a Circuit Judge - HHJ Luba QC - from a possession order made by a District Judge at the first hearing of the possession claim. The issues involved the...
All the blog posts, most recent first
No power to accept late review request
Kalonga, R (On the Application Of) v The London Borough of Croydon (2021) EWHC 2174 (Admin) While Croydon v Kalonga on terminating flexible tenancies during the fixed term is to be heard by the Supreme Court (our report on the Court of Appeal...
The Queen(o.a.o Rayner) v Leeds Magistrates Court: closure orders, legal aid reviews and adjournments
In this recent judicial review (2021) EWHC 1964 (Admin) H.H. Judge Gosnell addressed interesting questions around closure orders, adjournments, Article 6(1) rights, and the refusal of the Magistrates Court to state a case. He declined to grant...
Damages for breach of lease? Possibly not…
Almacantar Centre Point Nominee No.1 Ltd & Anor v CID Investments Ltd & Ors (2021) EW Misc 10 (CC) This is a county court case, so not a binding precedent, but it is a) fascinating (if hardly uncommon in London as a situation), and b) a...
Not so full and frank disclosure
A case dealing with the duty to make full and frank disclosure when applying for an anti-social behaviour injunction without notice.
Property guardians, council properties, licensable HMOs and RROs against directors
I somehow missed this fascinating rent repayment order application decision back in February, and just had my attention drawn to it by a remarkably dimwitted rule 13 costs application decision on the same case (on which more later on). There are a...
No defence, no reasonableness – service charges and referral to the Tribunal.
Gell v 32 St John's Road (Eastbourne) Management Company Ltd (2021) EWCA Civ 789 This is one of those cases where the Court of Appeal says "It is perhaps surprising that in the 35 years since the Landlord and Tenant Act 1985 was enacted the effect...
Smorgasbord: Updated s.21 flowchart, EPA prosecution costs and an unsuccessful RRO
Having realised a day late that the Section 21 validity flow chart needed updating to take into account the new 4 month notice period (and 8 month 'use it or lose it' period) for section 21 notices served on or after 1 June 2021 brought in by The...
Too soon for a reasonable preference
Montero, R (On the Application Of) v London Borough of Lewisham (2021) EWHC 1359 (Admin) This was a judicial review of LB Lewisham's allocation scheme, and specifically of the operation of the 5 year residence requirement for eligibility to join...
A Sigh of Relief: Elkundi & Ors v Birmingham City Council
Hot on the heels of the decision in R (Imam) v London Borough of Croydon (2021) EWHC 739 (Admin) (see our note here) comes this altogether more satisfying decision, Elkundi & Ors, R (On the Application Of) v Birmingham City Council (2021) EWHC...
Nur v Birmingham (Part 2): some on the allocation scheme are more equal than others
This case, Nur & Ors, R (On the Application Of) v Birmingham City Council (2021) EWHC 1138 (Admin), is the second part of a decision concerning the housing allocations scheme in Birmingham, with the December 2020 decision covered here on Nearly...
Mixed nuts – assorted notes
Various notes, including the possession claim mediation pilot, a 'no DSS' discrimination case, a service charge payability case, and a finding on the requirements of a statutory Environmental Protection Act notice before prosecution. MHCLG have...