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...
HMOs, overcrowding standards and reasonableness of accommodation
Rowe v London Borough of Haringey (2022) EWCA Civ 1370 A Court of Appeal decision which has broader significance for considering overcrowding and whether it is reasonable for a homeless applicant to remain in accommodation in an HMO with shared facilities....
Requirements for private sector offers in discharge of duty
Norton v London Borough of Haringey (2022) EWCA Civ 1340 A second appeal from a section 204 appeal of Haringey's decision to discharge homeless duty following a private rented sector offer (PRSO). There were three issues in the appeal. Haringey's letter to...
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...
Understanding the risk of discharge of duty
Our grateful thanks to Angharad Monk of Garden Court (and instructing solicitor Anne Spowart of Morrison Spowart) for this note of judgment in a section 204 Housing Act 1996 appeal of Waltham Forest's decision to discharge duty. Mekonen v LB Waltham Forest,...
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...
Rent Repayment Orders in the Upper Tribunal again.
A couple of appeals on rent repayment orders. The first confirming the UT's approach to assessing what proportion of rent an RRO should be made for. The second on whether someone could be said to be in control or managing an unlicensed HMO where it was not...
Residential care, succession and human rights incompatibility
Dudley Metropolitan Borough Council v Mailley (2022) EWHC 2328 (QB) A quick note on this possession claim, which involves a challenge to Section 87 Housing Act 1985 as incompatible with Article 8 and 14 ECHR. Ms Mailley was defending possession of a Dudley...