Ray v Windrush Riverside Properties Ltd (2022) EWHC 2210 (TCC) An interesting trial judgment on a private nuisance claim that highlights the importance of the nature of the location and has a discussion of damages for non-resident claimants. Ms Ray had a...
Notes and events: rent and evictions freezes, illegal eviction – the police and Art 8, & DA and benefit caps
A few things of interest... The Scottish government has put the cat amongst the pigeons by announcing that there will be a ban on evictions and a freezing of rent increases until 31 March 2023, to be implemented by fast track legislation. This would apply to...
Needs, not wishes – Housing Needs Assessments and Personal Housing Plans
ZK, R (On the Application Of) v London Borough of Havering (2022) EWHC 1854 (Admin) This was a judicial review of what was claimed to be Havering's failure to provide a lawful housing needs assessment and personal housing plan for Mr ZK, under section 189A...
Proving things and the perils of pro-forma.
Camfield & Ors v Uyiekpen & Anor (HOUSING - RENT REPAYMENT ORDER - evidence - pro forma witness statements) (2022) UKUT 234 (LC) An appeal from an FTT decision dismissing an application for a rent repayment order, which shows the importance of...
Bullale again – settled accommodation and intentional homelessness
My grateful thanks to Nick Bano of Garden Court for a copy of this judgment. He sent it to me some time ago, but I then misplaced it, so the delay in this appearing is entirely my fault. Following the the Court of Appeal judgment in Bullale v City of...
Homelessness – suitability and distance to school
The Queen on the Application of Fokou v London Borough of Southwark (2022) EWHC 1452 (Admin) (not on Bailii, judgment on Westlaw) THis was an application for interim relief in judicial review proceedings regarding suitability of accommodation and alleging...
Solicitors’ agents and rights of audience – appeal decision
[Updated 8 August 2022 to correct re LPC being on the record as party's solicitor and significance of this.] This is an issue that has come up here a few times (eg this post and this post) - the rights of audience of people who do not have a right of...
Assorted notes: joint tenancies, RROs – rent arrears and late evidence, and disrepair damages periods
Pile v Pile (2022) EWHC 2036 (Ch) The High Court confirms that Procter v Procter (2022) EWHC 1202 (Ch) is authority for the proposition that it is not a breach of trust for one joint tenant to give notice to quit on the joint tenancy, even where this is done...
Homelessness updates
Abdikadir v London Borough of Ealing (2022) EWCA Civ 979 Where an offer of out of borough accommodation had been made and refused, and a discharge of duty upheld on review, did the council's failure to notify the other council under section 208(2) Housing...
Rent Repayment Orders in the Upper Tribunal
A few Upper Tribunal appeals on rent repayment orders, in particular on the level of award, conduct and mitigating factors. Aytan & Ors v Moore & Ors (HOUSING - RENT REPAYMENT ORDER) (2022) UKUT 27 (LC) We're late to this one from January 2022, but...
Rabbit holes to fall down
In case you are in need of distraction from the heat/the tory leadership contest/getting your first, second or third bout of covid/the general state of all things, may I present a small collection of judgments at which to rubberneck. None seem massively...
Affordability and intentional homelessness – assessments and guidance
Baptie v The Royal Borough of Kingston Upon Thames (2022) EWCA Civ 888 This was a second appeal, brought by RBKT from a s.204 appeal that had overturned their decision that Ms Baptie was intentionally homeless from a housing association property due to rent...