Our grateful thanks to Eleri Griffiths and Martin Hodgson of One Pump Court for the following note of a judicial review of LB Harrow's failure to provide suitable accommodation under section 193 Housing Act 1996, following on from Elkundi (our note) and...
Shared Ownership and Right to Manage
Avon Ground Rents Limited v Canary Gateway (Block A) RTM Company Ltd (2023) EWCA Civ 616 This was the Court of Appeal judgment on a an appeal related to (but not from) the Upper Tribunal decision in Avon Ground Rents Ltd v Canary Gateway (Block A) RTM...
Mental Health Crisis Moratoriums – issues for debt advisors to consider?
Kaye v Lees (2023) EWHC 758 (KB) We saw an injunction being made to prevent Ms Lees from seeking a further mental health crisis moratorium here. In this judgment, Mr Kaye had sought an extension of that injunction. The Court refused to extend the injunction:...
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...
Renters (Reform) Bill – overview Part 2
Following on from yesterday (17 May) publication of the Renters (Reform) Bill and Part 1 of my overview of what the Bill does, onwards to the rest of it... Pets! There has been a lot of fuss about this, but as Tessa Shepperson has sagely observed, it doesn't...
Renters (Reform) Bill – the good, the potentially good and the ugly. Part 1
It is finally here, a mere five years from first being promised. The Renters (Reform) Bill has started its parliamentary journey today (17 May). As it stands, it is the largest reform to tenancies in England since 1988 (Wales having done its own, even more...
Suitability duties and reasonable preferences that weren’t unreasonable
Jaberi, R (On the Application Of) v City of Westminster (Re Housing Act 1996) (2023) EWHC 1045 (Admin) A judicial review on three grounds: i) Breach of section 193(2) Housing Act 1996 duty to secure suitable accommodation; ii) The Westminster's allocation...
Suitability review – excluding information, and ending existing accommodation.
Querino v Cambridge City Council. County Court at Cambridge, 29 March 2023 Continuing the trend (of which I wholeheartedly approve) of people sending me notes of judgments, the following is a note of a s.204 appeal of a suitability review decision from Toby...
Snoring is not ASB, not even in Lambeth.
LB Lambeth v Fanfair, County Court at Clerkenwell & Shoreditch, 14 February 2023 Our grateful thanks to Angharad Monk of Garden Court and Gurminder Birdi at Cambridge House Law Centre for this note of LB Lambeth's claim for an injunction against Ms...
Local authority serving notices – requirements
Birmingham City Council v Bravington (2023) EWCA Civ 308 A quick one - A possession claim under s.84A Housing Act 1985 requires service of a notice under section 83ZA. In this case: The respondent, Mr Drew Bravington, has since 2018 had a secure tenancy of a...
No surrender
City of Westminster Council v Kazam & Anor (2023) EWHC 825 (KB) It is always the joint tenancies that cause problems... This was an appeal of a first instance decision dismissing a claim for possession by Westminster and declaring that Mr Rahimi had...
Illegal eviction – attempted or accomplished?
Wu v Chelmsford City Council (2023) EWCA Crim 338 Not something we see very often, an appeal from a conviction for illegal eviction (not that we see many convictions for illegal eviction in the first place). Brief facts - Mr and Mrs Krishnamoorthy had a...