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...
Renters’ Rights Bill – the headlines Part 1
The Renters' Rights Bill was published today, Wednesday, and received first reading. It now looks set for second reading and progress through Parliament after the party conference season. Parliamentary time allowing, there is a good chance it will be an Act...
Whose landlord is this? Rent to Rent and Rent Repayment Orders again.
Kumar v Kolev & Ors (2024) UKUT 255 (LC) An Upper Tribunal appeal of a rent repayment order made by the FTT. At issue was whether Mr Kumar was the direct landlord of the applicant tenants. If he was not, then as per Rakusen v Jepsen (2023) UKSC 9 (our...
Grenfell Inquiry Phase 2 report
The Phase 2 (and final) report of the Grenfell Inquiry was published today, Wednesday. You will doubtless have seen the headlines. The Inquiry does not hold back in finding responsibility for what happened on the part of all concerned (save the residents and...
The MP for Ilford South and a teachable moment
In what can only be described as a deeply embarrassing, indeed humiliating turn of events, the new Labour MP for Ilford South, Jas Athwal, has provided a clear lesson in poor practice in the private rented sector. (BBC report here, and Guardian report here.)...
Who knew? Or ought to have known?
Mann v Martin (2024) EW Misc 23 (CC) Standalone section 4 Defective Premises Act 1972 cases are quite unusual. It is more common as an additional/secondary head in a disrepair claim, but this county court case is such a relatively rare beast. Ms Mann is the...
Jurisdiction of the FTT on referrals of rent increases.
A couple of cases, one Upper Tribunal, one Court of Appeal, both concerned with the Tribunal's jurisdiction on proposed rent increases in assured and assured shorthold tenancies. The Court of Appeal one we are very late on reporting - somehow it slipped by....
Look what you made me do. (s.21 version)
I had hoped I'd get away with it. That the section 21 validity flowchart could just sit there and await the end of section 21. But then, I've been hoping that since 2019, when the end of section 21 was a manifesto promise, and I've had to update it five...
Too soon? Prescribed information before a deposit taken
Siddeeq v Alaian. K00BF465 County Court at Mayor's and City of London County Court. HHJ Hellman. 9 August 2024 (unreported). A County Court Circuit Judge appeal from a possession claim at Brentford County Court, on the validity of a section 21 notice due to...
The future beckons…
So, the King's Speech today (17 July) and the legislative programme of the new government. What does it hold for housing? There were few surprises, I suppose, given the Labour manifesto commitments, but we can now be sure that two housing/leasehold related...