A happy new year to all. I was going to do a new year video, as per the last two years, but as rain lashes the windows and the daylight disappeared about 2 pm, the level of faff involved was beyond me. This seems a fitting way to end 2022... After three...
Ombudsman’s decisions and housing conditions claims
I'm going to break one of our rules (well, more of a guideline really) and comment on a case in which I had a role. I supervised the case, in which one of my colleagues acted for the claimant. It is also a report on a settled County Court claim, so not...
Distant rumbles
Post Truss, we have been told once more that the Renters Reform Bill will be forthcoming before too long, and with it the end of section 21 as a way of getting possession for landlords. Now, like a distant rumble of thunder heralding the oncoming storm,...
Selection box
Brief notes on an assortment of cases. Kensington & Chelsea RLBC v Airbnb Payments Ltd (2022) EWHC 2209 (Ch) - not on Bailii Kensington sought a Norwich Pharmacal order against Airbnb Payments Ltd to require disclosure of whether there were booking for...
Awaab Ishak – Coroner’s ruling and Reg 28 Report to Prevent Future Deaths
We now have the Coroner's Findings and Conclusion for the inquest into the death of Awaab Ishak, and also the Regulation 28 Report for the purpose of preventing future deaths. (My previous post on the death of Awaab Ishak is here. It was written quickly and...
Rent Repayment Orders – Upper Tribunal on calculating amount, again.
Hancher v David & Ors (HOUSING - RENT REPAYMENT ORDERS - house in multiple occupation - failure to obtain an HMO licence) (2022) UKUT 277 (LC) This was an appeal from an FTT decision to make an rent repayment order in the amount of 100% of the rent for...
On credibility and penalties
Lowe v Charterhouse (2022) EW Misc 8 (CC) A county court deposit penalty claim judgment, but well worth noting because a) a Circuit Judge decision by HHJ Luba KC, b) there are some broader points in application , and c) well it is quite the case. Mr Lowe was...
Rent Repayment Orders in the Upper Tribunal again.
A couple of appeals on rent repayment orders. The first confirming the UT's approach to assessing what proportion of rent an RRO should be made for. The second on whether someone could be said to be in control or managing an unlicensed HMO where it was not...
Notes and events: rent and evictions freezes, illegal eviction – the police and Art 8, & DA and benefit caps
A few things of interest... The Scottish government has put the cat amongst the pigeons by announcing that there will be a ban on evictions and a freezing of rent increases until 31 March 2023, to be implemented by fast track legislation. This would apply to...
Proving things and the perils of pro-forma.
Camfield & Ors v Uyiekpen & Anor (HOUSING - RENT REPAYMENT ORDER - evidence - pro forma witness statements) (2022) UKUT 234 (LC) An appeal from an FTT decision dismissing an application for a rent repayment order, which shows the importance of...
Assorted notes: joint tenancies, RROs – rent arrears and late evidence, and disrepair damages periods
Pile v Pile (2022) EWHC 2036 (Ch) The High Court confirms that Procter v Procter (2022) EWHC 1202 (Ch) is authority for the proposition that it is not a breach of trust for one joint tenant to give notice to quit on the joint tenancy, even where this is done...
Rent Repayment Orders in the Upper Tribunal
A few Upper Tribunal appeals on rent repayment orders, in particular on the level of award, conduct and mitigating factors. Aytan & Ors v Moore & Ors (HOUSING - RENT REPAYMENT ORDER) (2022) UKUT 27 (LC) We're late to this one from January 2022, but...