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...
The staggered arrival of Awaab’s Law
In a written statement, the Secretary of State for Housing, Communities and Local Government has announced the timescales for the implementation of Awaab's Law - i.e when the specific regulations will take effect. For social housing, this is: October 2025...
No deductions without prior warning.
Roberts v Secretary of State for Work and Pensions (2025) EWHC 51 (Admin) A quick note on this judicial review of DWP policies on implementing 'diversionary' payments (direct payments of rent element of Universal Credit to landlords) and 'recoupment'...
Service of documents – post and deemed service
D’Aubigny v Khan & Anor (2025) EWCA Civ 11 (Not on Bailii yet, a copy of the judgment is here.) We saw this case in the County Court. This is the Court of Appeal judgment. The central issue was whether service by post of a gas safety certificate, EPC and...
New year clear out
A pile of case notes that I've managed to do in the Betwixtmas/Merrineum, hopefully clearing the decks for the new year. It includes right to buy and the intention to return, FTT jurisdiction on rent increases, a council's unlawful interpretation of an...
Ealing comedy. Getting statutory nuisance very wrong
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...