Camelot! Camelot! I know it sounds a bit bizarre, But in Camelot, Camelot That’s how conditions are. Camelot! Camelot! I know it gives a person pause, But in Camelot, Camelot Those are the legal laws.* You may or may not have heard that one of the largest Property Guardian firms put itself (and all its […]
Category Archives: Licences and occupiers
For this relief, much thanks
The Manchester Ship Canal Company Ltd v Vauxhall Motors Ltd (2019) UKSC 46 Just a quick note to record that the Supreme Court has held that the equitable remedy of relief from forfeiture is not restricted to those with a proprietary interest (lease/tenancy, mortgage etc) but can also extend to licensees with possessory rights (ie […]
Rent Repayment Orders, limitation and award periods.
This is worth a quick note from some comments and questions I have received after this post on a Rent Repayment Order (RRO). The issue is about the meaning of the requirement that an application for an RRO is brought within 12 months of a relevant offence. In that previous post, the First Tier Tribunal […]
Property Guardians, commercial buildings and rates – appeal and grey areas
Ludgate House Ltd v Ricketts (VO) & Anor (RATING – HEREDITAMENT) (2019) UKUT 278 (LC) This was the appeal of the Valuation Tribunal’s decision that we reported here. And, while the Upper Tribunal overturns the VT’s decision, it does so in ways that may be significant for property guardian forms and indeed property guardians. While […]
When is a licence a secure tenancy?
Mohamed v London Borough of Barnet (2019) EWHC 1012 (QB) Ms M was placed in temporary accommodation by LB Barnet following a homeless application. Barnet found her to be intentionally homeless but continued to provide accommodation under Children Act 1989. The property was a private property. Barnet had taken a licence agreement with agents for the […]
Property Guardians and HMOs – guilty
For some reason that, quite frankly, escapes me, assorted ‘powers that be’ have been non-committal on whether the Housing Act 2004 provisions on HMOs, licensing etc., and also the Part 1 enforcement of conditions and HHSRS, apply to properties occupied by property guardians. Local authorities, the London Mayor’s office and even MHCLG have all been […]
Property Guardians – licence not tenancy in office building
Camelot Guardian Management Ltd v Khoo (2018) EWHC 2296 (QB) I missed this at the time (July). I might well have been on holiday, but also it didn’t make the usual sources. This is quite a significant judgment on the issue of property guardians and the licence/tenancy distinction. This was Mr Khoo’s appeal of a […]
How… How did THAT happen? corner
Another in our occasional series of cases that cause you to splutter into your coffee. Kirby v Salvation Army Hostel Association (2018) QBD 12/10/2018 (Unreported. Lawtel note of extempore judgment) As far as we can tell, Mr K had been occupying a room in a Salvation Army hostel. However, he had not paid any room […]
Who lives in a shared home like this?
Nottingham City Council v Parr & Anor [2018] UKSC 51 It is not every day you see the Supreme Court setting HMO licence conditions, but today is that day. This was Nottingham’s appeal from the Court of Appeal (and before that, the Upper Tribunal, and the First Tier Tribunal (Property Chamber)) on the issue of […]
Who can complain of statutory nuisance?
The question in the rather wonderfully titled Watkins v Aged Merchant Seamen’s Homes & Anor (2018) EWHC 2410 (Admin) was whether a former licensee who remained in occupation after a possession order could bring a complaint of statutory nuisance under Environmental Protection Act 1990 and ‘prove’ the condition of the property at the time of the […]
