Global 100 Ltd v Jimenez & Ors (2023) EWCA Civ 1243 This was the Court of Appeal judgment in the latest of Global 100 (and Global Guardians) attempts to get out of properties occupied by guardians being subject to local auhtority licensing requirements,...
Odds and ends
A few snippets of cases of interest: Healey v Fraine & Ors (2023) EWCA Civ 549 Confirmation by the Court of Appeal, if confirmation was needed, that one can't be simultaneously in occupation as a licensee, and in adverse possession of the property under...
The whirligig of time
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...
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...
No cause of action at common law for wrongful eviction.
Brake & Ors v The Chedington Court Estate Ltd (2022) EWCA Civ 1302 The Brake v Axnoller litigation reaches the Court of Appeal again, this time on the unlawful eviction claim concerning the cottage, which the Brakes had lost at first instance. In what is...
Property Guardians and HMOs – on we go.
Global Guardians Management Ltd & Ors v London Borough of Hounslow & Ors (HOUSING - HOUSE IN MULTIPLE OCCUPATION - CIVIL PENALTY - Housing Act 2004 - whether First or Second Appellant a 'lessee' of the HMO - whether a person having control of or a...
Property Guardians and HMOs – they are, you know.
Global 100 Ltd v Jimenez & Ors (HOUSING - HOUSE IN MULTIPLE OCCUPATION - RENT REPAYMENT ORDER - "property guardians") (2022) UKUT 50 (LC) In which Global 100, flushed by their win in the Court of Appeal in Global 100 Ltd v Laleva (2021) EWCA Civ 1835...
Still with the old, bring in the new. Wales update and preview.
Our grateful thanks to Mike Norman of Harrow Law Centre for the following post on the position - current and to come - on housing law changes in Wales. Notice Seeking Possession It has been now over a year since the previous article substantially updating...
Property Guardian firms, HMOs, licences, penalties and RROs – it is all here
It turns out that at more or less the same time as Global 100 were pursuing their appeal in the Court of Appeal with regard to their possession claim against a guardian who had been occupying a property owned by NHS Property Services Ltd (our note here),...
The appearance of a substantial defence in possession claims, and property guardians and possession.
Global 100 Ltd v Laleva (2021) EWCA Civ 1835 There is a hell of a lot packed into one appeal here, so I'll try to be brief. This was Global 100's appeal of a first instance appeal (our note here) in which HHJ Luba QC had held that the first instance District...
Property guardians, possession claims and appearance of a defence for CPR 55.8
Global 100 Ltd v Kyselakova & Ors (2021) EW Misc 13 (CC) This is the judgment in an appeal to a Circuit Judge - HHJ Luba QC - from a possession order made by a District Judge at the first hearing of the possession claim. The issues involved the threshold...
Property guardians, council properties, licensable HMOs and RROs against directors
I somehow missed this fascinating rent repayment order application decision back in February, and just had my attention drawn to it by a remarkably dimwitted rule 13 costs application decision on the same case (on which more later on). There are a lot of...