Cawley & Cawley v Abdri Group Limited. Yeovil County Court. 5 February 2025. (Copy of Judgment) This is something of a companion piece to the two judgments in Bristol we noted here, being also a judgment on an interim application in a housing conditions...
Bristol fashion – housing conditions claims
I've been passed a couple of judgments in housing conditions claims at Bristol County Court, one a contested allocation decision, the other on an application for a stay. They are both interesting, but also I think illustrative of current issues in the...
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...
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...
If it’s not on the list… (unless it is blank)
Uddin & Ors v Notting Hill Genesis (LANDLORD AND TENANT - SERVICE CHARGES - assured tenancies) (2025) UKUT 56 (LC) This was Notting Hill Genesis' appeal from a FTT decision that service charges that it had been charged by the freeholder and in turn had...
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...
Assorted notes on bits of interest
Various bits of interest... On 21 November, the Housing Minister Matt Pennycook released a written statement on the Government's plans on Leasehold and Commonhold reform, with an outline timetable. Points to note are that regulations implementing key parts...