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...
Notes in passing. Big issues in Wales, and “Probably one can obtain the like on Amazon”
A couple of quick notes For landlords in Wales, Coastal Housing Group Ltd v Mitchell & Anor (2024) EWHC 2831 (Ch) is potentially a very big deal indeed. We will have a detailed note done before long, but in short, a two Judge High Court held that where...
What’s another day?
Moh & Ors v Rimal Properties Ltd (2024) UKUT 324 (LC) An appeal from two rent repayment order applications, in both of which the FTT had decided it had no jurisdiction to make a rent repayment order because the applications were made outside the...