Brief notes on assorted cases of some interest that we haven't otherwise covered. (Well, of interest to me. Other people may be interested in some or all of them. Covering possession, service charges, tribunal costs, management, Defective Premises...
All the blog posts, most recent first
Between repairs and structural defects
City of London v Various Leaseholders of Great Arthur House (2021) EWCA Civ 431 This was the Court of Appeal judgment on an appeal from the Upper Tribunal (our report here) where the issue was whether the leaseholders were liable under their...
Too soon? Asserting a tenancy should not have been dismissed at interim injunction
Ibrahim v London Borough of Haringey & Anor (2021) EWHC 731 (QB) Something of an oddity, and I'm not going to comment on the substantive claim, which will now likely proceed to trial, but this was an appeal from a County Court judgment on an...
Mandatory relief when left in unsuitable temporary accommodation.
Imam, R (On the Application Of) v The London Borough of Croydon (2021) EWHC 739 (Admin) This is the judgment in a judicial review claim seeking a declaration that Croydon was in breach of its statutory duty under section 193(2) of the Housing Act...
R(Ncube) v Brighton: “Everyone In” does exactly what it says on the tin
The much-anticipated decision in R(Ncube) v Brighton and Hove City Council (2021) EWHC 578 (Admin) has arrived, confirming that in an emergency, "Everyone In" really does mean everyone. Mr Ncube was a rough sleeper and refused asylum seeker from...
Substantial debts are not substantial arrears
The decision of Master Dagnall in The Master, Wardens and Assistants of the Guild Fraternity of the Brotherhood of the Most Glorious and Undivided Trinity and St Clement in the Parish of Deptford Strond, commonly called the Corporation of the...
“Do you remember the first time?” Local connection and second applications
In this irrationality challenge, R(Minott) v Cambridge City Council (2021) EWHC 211 (Admin), the High Court rejected Mr Minott's claim that his unlawful occupation of a property gave him a local connection to Cambridge. It also rejected his...
Lancashire Hot Pot – waiver of forfeiture and landlord knowledge of breach
On 22nd January the Court of Appeal handed down its judgment in the case of Faiz v Burnley Borough Council (2021) EWCA Civ 55. Judgment dismissing the appeal was given by Lewison LJ; with whom Arnold and Asplin LLJs agreed. The case came on...
Trying to shoot the messenger.
Moorjani v Kilcoyne (Rev 1) (2020) EWHC 3463 (QB) The name of Moorjani may be familiar. We first encountered Mr Moorjani in a judgment transforming the case law on loss of amenity damages in disrepair claims in the Court of Appeal. However, despite...
Prescribed information and signing as a company – erratum/update
We looked at Northwood Solihull Ltd v Fearn & Ors (2020) EWHC 3538 (QB) in this post (now with an addition) and I discussed it in this video. But it turns out there is something a bit problematic about this High Court decision. The High Court...
PSED, breach and ‘subsequent compliance’.
Taylor v Slough Borough Council (2020) EWHC 3520 (Ch) An appeal on the issue of whether a Council landlord's initial failure to have regard to the Public Sector Equality Duty on commencing possession proceedings could be remedied by later...
Don’t look back
To end this horrible year, a video that is most definitely not a review of 2020.... (For reasons that were beyond me, the audio drafts out of sync once the edited video is exported from the editing app. I've tried to correct it but alas to no...