Apologies, I know updates have been slow in the last few weeks - I have been very busy on a lot of time sensitive stuff and what down time I've had, has really been needed as, well, down time... But the blog has not been forgotten or abandoned, honest. There...
Smorgasbord: Updated s.21 flowchart, EPA prosecution costs and an unsuccessful RRO
Having realised a day late that the Section 21 validity flow chart needed updating to take into account the new 4 month notice period (and 8 month 'use it or lose it' period) for section 21 notices served on or after 1 June 2021 brought in by The Coronavirus...
Mixed nuts – assorted notes
Various notes, including the possession claim mediation pilot, a 'no DSS' discrimination case, a service charge payability case, and a finding on the requirements of a statutory Environmental Protection Act notice before prosecution. MHCLG have (slightly...
Housing law webinars
A couple of interesting housing law webinars in the next few days (well, hopefully both interesting, as I'm doing one of them) for all your 'working from home but still interested in housing law' needs. On Thursday 30 April at 10.30 am, the latest in Tessa...
The Overlooked
Fearn & Ors v The Board of Trustees of the Tate Gallery (2020) EWCA Civ 104 This is the latest round of what is becoming the most heavily litigated stretch of air space in London, assorted leaseholders of Neo Bankside against the Tate Modern, over...
EPA prosecution and costs
Notting Hill Genesis, R (On the Application Of) v Camberwell Green Magistrates' Court (2019) EWHC 1423 (Admin) I missed this at the time - May this year - I think because I was on hiatus. It is something of an oddity. It may well also be primarily of...
Song from under the floorboards*
Fouladi v Darout Ltd & Ors (2018) EWHC 3501 (Ch) Although the judgment is dated December 2018, this has just appeared - a case on the perennially vexed topic of noise from a flat above. In fact it is an appeal and cross appeal on a county court judgment...
Weekend assortment
Some bits and pieces, of various levels of jaw dropping. MHCLG have produced updates for the Homelessness Code of Guidance. Under Chapter 8 'Priority need', there is a new section 8.40: 8.40 Any person who may reasonably be expected to die of a progressive...
A noisy appeal
Curo Places Ltd v Walker [2018] EWHC 2462 (QB) This was Curo Places appeal of a Circuit Judge's dismissal of its possession claim against Ms Walker. Ms W had a six year fixed term assured tenancy of a flat from Curo Places. Soon after the tenancy started, Ms...
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...
Shaken but not successful – the problems of nuisance
Dr Amanda Lindsay v Berkley Homes (Capital) PLC (2018) QBD (TCC) 13/07/2018 (Extempore judgment reported on Lawtel) Dr Lindsay owned a leasehold flat. She had brought a claim (in person) arising out of works to demolish a concrete basement to the building...
Gordian Knot(weed)
Network Rail Infrastructure Ltd v Williams & Anor (2018) EWCA Civ 1514 Japanese knotweed nuisance cases - there are already many of these and (given the nature of the pestilential stuff) there will be more. In case you don't know, Japanese knotweed is an...