Cawley & Cawley v Abdri Group Limited. Yeovil County Court. 5 February 2025. (Copy of Judgment) This is something of a companion piece to the two judgments in Bristol we noted here, being also a judgment on an interim application in a housing conditions...
Bristol fashion – housing conditions claims
I've been passed a couple of judgments in housing conditions claims at Bristol County Court, one a contested allocation decision, the other on an application for a stay. They are both interesting, but also I think illustrative of current issues in the...
Oddities and Ends
Sorry for the silence, while the cases to write up have piled up. It has been a busy stretch in and out of work... More thorough write-ups of some cases will follow, but for now, a few brief notes on cases of interest and oddness. Thanks to Doughty Street...
On corrections and registers of landlords and tenants
First, an apology for yesterday's post/email. I paused to eat half way through writing, and on re-starting completely confused my Cs and Ls as to claimant/appellant and defendant/respondent. As a result it appeared that both parties had estranged parents in...
Didn’t bother trying to find her. She’s not there.
Lumsden v Charles (2025) EWCC 7 A county court appeal in a tenancy deposit penalty claim, which is both a catalogue of 'you don't want to do it like that', and has a significant point on the operation of section 48 Landlord and Tenant Act 1987. Ms Lumsden...
Starter tenancies, extensions, and section 21 claims – An ASB case.
Yorkshire Housing Limited v Scott. County Court at Scarborough. 30 October 2024. (Not reported. Copy of the judgment is here.) A section 21 based possession claim for a 'starter tenancy' for the reason of anti social behaviour. It was defended on the basis...
Case notes in passing – adverse possession rules, sale and rent-back, and the evidential burden in service charge disputes
A few brief notes on judgments of interest. Brown v Ridley & Anor (Rev1) (2025) UKSC 7 The Supreme Court considered para 5(4) to Schedule 6 Land Registration Act 2002 on the requirements for an application for registered title through adverse possession...
Section 21 and Gas Safety again, and tools for tenants.
A couple of quick notes. Robert Jones (Trading as DAP Properties & Ors v Oliver Wood. County Court at Brentford. 20 February 2025. My grateful thanks to Peter Sibley of Landmark Chambers for a note of this case. This was a possession claim based on a...
If it’s not on the list… (unless it is blank)
Uddin & Ors v Notting Hill Genesis (LANDLORD AND TENANT - SERVICE CHARGES - assured tenancies) (2025) UKUT 56 (LC) This was Notting Hill Genesis' appeal from a FTT decision that service charges that it had been charged by the freeholder and in turn had...
Bits of interest
A couple of brief notes on things of interest. Lewis v Francis & Anor (2025) EWHC 17 (Admin) An appeal from the Magistrates Court on a costs award on a failed s.82 Environmental Protection Act 1990 private prosecution. The Magistrates Court had awarded...
Intentional homelessness and tenancy obtained by deception
Munemo v City of Wolverhampton Council (2025) EWCC 4 This is quite the section 204 homelessness appeal of Wolverhampton's review decision confirming the decision that Ms M was intentionally homeless. Ms M had applied to Wolverhampton as homeless in 2020. The...
Prospective discharge of duty and review of decisions
Bano, R (On the Application Of) v London Borough of Waltham Forest (2025) EWCA Civ 92 This was Waltham Forest's appeal of a judicial review (our note here) which had found that its housing duty to Ms Bano continued because WF had not made a vlid decision to...