Civil penalties, and appeals of appeals

AA Homes & Housing Ltd & Anor v London Borough Of Croydon (Order) [2019] UKUT B1 (LC) A bit of a curiosity, this. It is an Upper Tribunal decision on an application to for permission to adduce additional grounds of appeal to an appeal of an FTT decision on an appeal of the imposition of […]

From the County Courts – s.21 timing, breach of PSED

A couple of county court cases, with grateful thanks to Legal Action Housing: recent developments for reporting them.  (Link requires subscription. Of course you should be subscribing.) Majiyagbe v Singh and Sandhu, County Court at Central London, 30 August 2019 Mr Singh and Mr Sandhu granted Mr Majiyagbe an assured shorthold tenancy on 20 June 2011. The […]

Rent Repayment Orders, limitation and award periods.

This is worth a quick note from some comments and questions I have received after this post on a Rent Repayment Order (RRO). The issue is about the meaning of the requirement that an application for an RRO is brought within 12 months of a relevant offence. In that previous post, the First Tier Tribunal […]

HMRC propose to fine tenants for not paying their landlord’s tax.

No, really. I’m not being melodramatic. Not all tenants, and not all landlords, granted, but that is exactly what HMRC say may be done. This is all about non-resident landlords, living overseas for more than 6 months a year. HMRC are (quite possibly rightly) concerned that they aren’t paying the tax due on their rental […]

Banned leader

Look, look! A banning order! I don’t know if this is the first, it may well be. It is certainly the first decision I have seen. 43 Dudmaston, Telford, Shropshire TF3 2DF: BIR/00GF/HSH/2019/0001 This is the First Tier Tribunal (Property Chamber) decision on applications by the Borough of Telford and Wrekin for a banning order […]

Injunctions, evictions and unrepresented parties

Brown v Tyndale (2019) QBD (Robert Francis QC) 25/07/2019 (unreported, but note of extempore judgment on lawtel) The kind of thing that happens when neither party is represented… In December 2018, Mr Brown had obtained an ex parte injunction against Mr Tyndale, the landlord, on the basis that the landlord had attempted to lock him […]

Rent Repayment Orders – who is the landlord?

Our grateful thanks to Alasdair McClenahan of Justice for Tenants for a copy of this decision and his notes. Mrs Elanga Longane et al  v Frank Mukahanana and Wealth Harbour Consulting Ltd LON/00AH/HMG/2018/0002 (Copy of decision) This FTT decision on a rent repayment order application raises a couple of interesting issues. First, when is an […]

Updated section 21 flowchart

I’ve had a go at updating the section 21 validity flow chart. It now incorporates the effect of the Tenant Fees Act 2019 (which turned out to be more complicated to do than I thought – I think it works, but constructive criticism welcome), and updates notes on EPCs and gas safety certificates. It will […]

Possession and licensing in Wales

Does failing to be licensed under The Housing (Wales) Act 2014 prevent a landlord from serving any notice seeking possession, or just a section 21 notice? That was the issue in a county court appeal in Evans & Evans v Jarvis, County Court at Swansea, 20 August 2019 (unreported elsewhere, I’ve seen a note of […]

We need to talk about claims farmers…

This is something I’ve been mulling over for a while, and have sounded off about in conversations, but the ongoing proliferation of housing disrepair claims farmers (and associated solicitors) has pushed me to go public with something of a rant. A justified one, I believe. The reason for the rant is that these set ups […]