Sovereign Housing Association Limited v Hall. Bristol County Court. 10 July 2024 (Unreported. A copy of the judgment is here.) This was a County Court appeal from a first instance decision by a District Judge that the Court did not have jurisdiction under...
Posthumous Right to Buy
Howe v Brent London Borough Council (2024) EWCA Civ 1444 Just a quick note on this Court of Appeal judgment on whether a family member (B) of a secure tenant with a right to buy their home (A) is able to exercise a shared right to buy if A, whose right is...
Fees before the Tenant Fees Act, after the Tenant Fees Act.
Martyna Switaj v Adrian McClenaghan (2024) EWCA Civ 1457 The Court of Appeal on the status of a fee related to a tenancy taken before the Tenant Fees Act 2019 came into force on 1 June 2019 and the impact on the validity of a section 21 notice. Ms Switaj had...
Assorted notes on bits of interest
Various bits of interest... On 21 November, the Housing Minister Matt Pennycook released a written statement on the Government's plans on Leasehold and Commonhold reform, with an outline timetable. Points to note are that regulations implementing key parts...
Lateness – excusable and otherwise
Idara v Southwark LBC (2024) EWHC (KB) (unreported as yet) Thanks to 4-5 Grays Inn Square for their note of the case. This was an appeal to the High Court of the County Court's refusal to give permission for an out of time section 204 appeal. Southwark had...
“It must have consequences”
Our very grateful thanks to our Wales contributor, Mike Norman of Harrow Law Centre, for the following excellent post on Coastal Housing Group Ltd v Mitchell & Anor (2024) EWHC 2831 (Ch) - a very significant decision indeed for landlords in Wales. (This...
Notes in passing. Big issues in Wales, and “Probably one can obtain the like on Amazon”
A couple of quick notes For landlords in Wales, Coastal Housing Group Ltd v Mitchell & Anor (2024) EWHC 2831 (Ch) is potentially a very big deal indeed. We will have a detailed note done before long, but in short, a two Judge High Court held that where...
Yes, you are the landlord – Rent Repayment Orders and undisclosed principals
Cabo v Dezotti (2024) EWCA Civ 1358 We've seen this rent repayment order case in both the FTT (here) and the Upper Tribunal (here). It appears that Ms Cabo was not prepared to accept that she had to pay a rent repayment order and this is her appeal to the...
Rent determinations – Appeals
A note on a couple of Upper Tribunal appeals of FTT determinations of rent - because there may be more of these applications and determinations when the Renters' Rights Bill comes into force... Kensington Avenue Ltd v Curlin (LANDLORD AND TENANT - RENT...
Leasehold notes – RTM notices and Rule 13 costs
A few quick notes on some leasehold related cases. A1 Properties (Sunderland) Ltd v Tudor Studios RTM Company Ltd (2024) UKSC 27 The Commonhold and Leasehold Reform Act 2002 stipulates that a Notice of Claim for Right to Manage must be served on "each person...
What’s another day?
Moh & Ors v Rimal Properties Ltd (2024) UKUT 324 (LC) An appeal from two rent repayment order applications, in both of which the FTT had decided it had no jurisdiction to make a rent repayment order because the applications were made outside the...
Procedural tails and substantive dogs.
Hajan v Mayor & Burgesses of the London Borough of Brent (2024) EWCA Civ 1260 My very grateful thanks to William Heath and Frank Bowmaker of One Pump Court for the following note of the Court of Appeal judgment in these joined appeals. The issue was the...