Eastpoint Block A RTM Company Ltd v Otubaga (2022) UKUT 319 (LC) Eastpoint are a right to manage company for a block of flats. The company had brought proceedings for a determination of breach of lease under s.168(4) Commonhold and Leasehold Reform Act 2002...
Renting Homes (Wales) Act 2016: A new dawn for renting in Wales.
To celebrate the coming into force today (or yesterday if you are reading the email update) of a whole new housing legislative scheme in Wales, and thus a whole new jurisdiction of which I know little, we have a guest post from Eleri Griffiths, a barrister...
Selection box
Brief notes on an assortment of cases. Kensington & Chelsea RLBC v Airbnb Payments Ltd (2022) EWHC 2209 (Ch) - not on Bailii Kensington sought a Norwich Pharmacal order against Airbnb Payments Ltd to require disclosure of whether there were booking for...
Assessment of housing needs and cascading unlawfulness
YR, R (On the Application Of) v London Borough of Lambeth (2022) EWHC 2813 (Admin) Ms YR had applied to Lambeth as homeless. Her household consisted of her three children and four of her sister's children, A, her youngest child, is 6 months old; R is 4; Y is...
Awaab Ishak – Coroner’s ruling and Reg 28 Report to Prevent Future Deaths
We now have the Coroner's Findings and Conclusion for the inquest into the death of Awaab Ishak, and also the Regulation 28 Report for the purpose of preventing future deaths. (My previous post on the death of Awaab Ishak is here. It was written quickly and...
An Avoidable Death
"Every death was avoidable" said Richard Millett KC at the closing submission to the Grenfell Inquiry. Now we know from the inquest verdict into the death of two year old Awaab Ishak's that this death was also thoroughly avoidable,and we know the catalogue...
Service charges, burden of proof, and costs of proceedings
Assethold Ltd v. Nelio Patricio Teixeira Franco (LANDLORD AND TENANT - SERVICE CHARGES - ADMINISTRATION CHARGES - burden of proof - scope of costs incurred for the purpose of the preparation and service of a notice under section 146 of the Law of Property...
Waking watch costs and flawed reports
Assethold Ltd v Leaseholders Of Corben Mews (LANDLORD AND TENANT - SERVICE CHARGES - whether reasonably incurred - costs of a waking watch) (2022) UKUT 282 (LC) An Upper Tribunal appeal of an FTT decision that the costs of a waking watch were not reasonably...
Clicks, pops and nuisance
Tejani v Fitzroy Place Residential Ltd (2022) EWHC 2760 (TCC) This is another in what appears to be becoming a series (see previous post) of very expensive but failed nuisance claims. I will not go into great detail, but there are two lessons to be drawn....
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...
On credibility and penalties
Lowe v Charterhouse (2022) EW Misc 8 (CC) A county court deposit penalty claim judgment, but well worth noting because a) a Circuit Judge decision by HHJ Luba KC, b) there are some broader points in application , and c) well it is quite the case. Mr Lowe was...
Once more unto the breach
Dorrington Residential Ltd v 56 Clifton Gardens Ltd (LANDLORD AND TENANT - BREACH OF COVENANT - tenant's covenant to permit landlord to enter and inspect a residential flat) (2022) UKUT 266 (LC) An appeal to the Upper Tribunal of an FTT decision that the...