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...
All the blog posts, most recent first
Property guardians, exclusive occupation and non-domestic rates
London Borough of Southwark v Ludgate House Ltd & Anor (2020) EWCA Civ 1637 This is the Court of Appeal judgment on what has been a long running dispute between Southwark and Ludgate House Ltd as to the rates to be paid on Ludgate House, an...
AST statutory notices and signing as a company
Northwood Solihull Ltd v Fearn & Ors (2020) EWHC 3538 (QB) There were two linked issues in this appeal. Where the landlord is a company, does i) a Section 8 Notice and ii) the deposit prescribed information confirmation certificate have to be...
Preference is not absolute – getting your allocation scheme wrong.
Nur & Anor, R (On the Application Of) v Birmingham City Council (2020) EWHC 3526 (Admin) This was (part of) a judicial review of Birmingham's implementation of its own allocation scheme. But before we get into the detail, we have to note at the...
Brief assorted case notes
Bromford Housing Association Ltd v Nightingale (2020) EWHC 2648 (QB) An application for relief from sanctions by the defendant to file a late witness statement by a homeless officer in a possession claim was rightly refused by the first instance...
Water Sellers
The Mayor & Burgesses of the Royal Borough of Kingston-Upon-Thames v Moss (2020) EWCA Civ 1381 This was RB Kingston upon Thames' appeal of the High Court's finding that it was a 'water reseller' under the Water Resale Orders 2001 and 2006, and...
For this relief, much thanks
Keshwala & Anor v Bhalsod & Anor (2020) EWHC 2372 (QB) An appeal from a Circuit Judge's decision refusing relief from forfeiture, focussing on the issue of delay in making the application for relief. This was a commercial lease, though with...
The Parable of the Property Developer
Ruby Triangle Properties Ltd v Jesus Sanctuary Ministries Ltd (2020) EWHC 2247 (Ch) An unlawful eviction case, but not a residential one. A note because it is an interesting case of a badly behaved property developers, a church an a question over...
Suitability, affordability and benefit claims
Tiemo, R (on the application of) v Lambeth London Borough Council (2020) EWHC 1193 (Admin) A interim judicial review decision from May, but judgment just out. The issue was the suitability of temporary accommodation under section 188 Housing Act...
Getting late legal advice not a ground for set aside of possession order
Sangha v Amicus Finance Plc (2020) EWHC 1074 (Ch) This was Mr Sangha's appeal of a refusal of his application to set aside a possession order against his property by a lender who had a charge on the property against a bridging loan which was not...
Evidencing a joint tenancy
Vale of Aylesbury Housing Trust Limited v Richens (2020) EWHC 685 (Ch) An appeal of judgment in a possession claim where the status of the occupant was in issue. Mr Richens occupied VAHT’s property. The property had been owned by Aylesbury BC, at...
Two thirds of a stay
TFS Stores Ltd v The Designer Retail Outlet Centres (Mansfield) General Partner Ltd & Ors (2020) EWCA Civ 833 (02 July 2020) Another Court of Appeal challenge to the PD 51Z stay (and, by extension, the CPR 55.29 stay) this time brought to you...