Hussein Ali Hadi Albu-Swalin v (1) Regency (UK) Ltd (2) Heartland Property Ltd (2019) County Court at Central London. 19 February 2019 We saw the appeal in this case here. I have since received a transcript of the first instance judgment, which is well worth a note of its own. Not only is there the […]
Category Archives: Assured Shorthold tenancy
FTT fails natural justice on tenant’s RRO application
Wilson v Campbell (HOUSING – RENT REPAYMENT ORDER) (2019) UKUT 363 (LC) In which the Upper Tribunal gives the First Tier Tribunal a thorough ticking off over its decision on a rent repayment order application. Ms Wilson had rented a room in a house from Mr Gareth Campbell between 31 March 2017 until 31 July 2018. […]
No going back
Regency (UK) Ltd v (1) Hussein Ali Hadi Albu-Swalin (2) Heartland Property Ltd (2019) QBD (Chamberlain J) 18/11/2019 (Note of extempore judgment on Lawtel) Regency had let flats to Heartland on the basis that Heartland would sublet to occupiers. Heartland sublet a flat to Mr Albu-Swalin in 2015. Mr A-S reported defects to the condition […]
If you go down to the woods today
Kerr & Anor (as Trustees) v Maass (2019) EWHC 95 (Ch) (This was from January, but has only just appeared.) This is a rather odd case concerning possession of a farmhouse in the Forest of Dean. It had been first occupied by the defendant’s mother and step father in 1993. The terms of this were […]
Assorted – Licensing and prior offences, RROs and section 8 Notices
A triplet of brief notes. Hussain & Ors v London Borough of Waltham Forest (HOUSING – licensing) (2019) UKUT 339 (LC) This appeal was on the issue of whether a local authority and the First Tier Tribunal could take into account previous convictions that were spent under the terms of the Rehabilitation of Offenders Act […]
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 […]
