Ferko v Ealing Magistrates Court & Ors (2024) EWHC 2592 (Admin) This was an appeal by case stated to the High Court from a decision of Ealing Magistrates Court on a statutory nuisance/section 82 Environmental Protection Act 1990 prosecution. It is also a...
Orders for forced entry after injunction
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...
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...
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...
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...
Section 21 and Gas Safety Certificates – what’s in a name?
Barakzai and Barakzai v Fenech and Fenech (19th September 2024, District Judge Jenkins, Brentford County Court). (Unreported) Our thanks to Tom Morris of Landmark Chambers, Richard Mahal and Jacqueline Hovell of Duncan Lewis for the note of this judgment....
The meaning of unfitness
Our grateful thanks to George Murray of Liverpool Civil Law and Laura Walsh at Satchell Moran for a copy of this judgment. Jillians v Red Kite Community Housing. County Court at Oxford. 24 September 2024 (unreported - the Judgment is here) This is a Circuit...
An illegal eviction rent repayment order, interests of justice and an unfortunate email
Osagie v Onwuka & Anor (LANDLORD & TENANT - FTT PROCEDURE - party failing to attend a hearing - matters to be considered when deciding whether to proceed in party's absence - rule 34, Tribunal Procedure (First-tier Tribunal)(Property Chamber) Rules...
A very unfit home – Circuit Judge decision on unfitness and damages.
Godagam & Edirisinghe v Hanson. Mayors & City of London County Court. 3 May 2024 (Unreported, copy of judgement is here.) Our grateful thanks to Nick Bano of Garden Court for a copy of the judgment. A county court Circuit Judge judgment on a...
Renters’ Rights Bill – the headlines Part 2
Part 2 of a quick initial look at the Renters' Rights Bill draft, concentrating on what has changed from the late Renters (Reform) Bill that forms its basis. Part 1 of the headlines look is here, and our previous views on the Renters (Reform) Bill - much of...