Hammad & Hammad v Paolini. County Court at Clerkenwell & Shoreditch. 27 June 2022 (We've seen a note of judgment) Yes, even while large chunks of the government resign and (as of this point in the evening of 5 July, it looks likely that Carrie...
Everyone in – Lambeth lacking a policy
R(Cort) v London Borough of Lambeth (2022) EWHC 1085 (Admin) While in some ways this is a decision on an historic context (hopefully), there is a lot in this judgment on local authority approaches to housing in a public health emergency to consider. This was...
We don’t need no tariffs
Khan v Mehmood (2022) EWCA Civ 791 (Housing Law Practitioners Association intervening) This was, it has to be said, in part a rather odd appeal to the Court of Appeal. The background was a rent arrears possession claim by Ms Khan and a defence and disrepair...
The Trecarrell Conundrum revisited
Byrne v Harwood-Delgardo. Luton County Court. 21 June 2022. (Copy of Judgment) In my comments to our post on the Court of Appeal judgment in Trecarrell House Limited v Rouncefield (2020) EWCA Civ 760, I pointed out that the judgment only addressed late...
Not incidental enough
Mayor and Burgesses of the London Borough of Tower Hamlets v Khan (2022) EWCA Civ 831 A Court of Appeal judgment on whether a freeholder, LB Tower Hamlets, was entitled to contractual legal costs under the lease, following a money claim for unpaid service...
Management transfers and public functions: R(TRX) v Network Homes
This judicial review of R(TRX) v Network Homes (2022) EWHC 456 (Admin) CO/3538/2021 is a useful restatement of the principles which apply in determining when decisions of Private Registered Providers of social housing (Housing Associations) can be judicially...
Unlawful eviction – but landlord not liable
Brem v Murray & Marchant (2022) EWHC 1479 (QB) An appeal judgment from a first instance judgment on a claim for unlawful eviction, which deals with the landlord's liability for the unlawful eviction that had taken place. Mr Brem ran a hairdressing salon....
Freezing Houses
Still lots of cases and other things to write up, now including an appeal decision on liability for unlawful eviction damages by an intermediate landlord where the superior landlord illegally evicted the sub-tenant, and tomorrow (or today, depending on when...
Failure of section 189B duty
Our grateful thanks to Daniel Grütters of One Pump Court for this note of a recent section 204 appeal judgment on Westminster City Council's performance (or lack thereof) of the s.189B Housing Act 1996 duty (the 'help to secure' or relief duty). Mr Miro...
A deliberate act needs options to choose between.
Milton Laines Roman (R OAO) v London Borough of Southwark (2022) EWHC 1232 (Admin) This was a judicial review of LB Southwark's refusal to place the claimant in Band 1 of its Allocation Scheme, on the basis that the claimant's current overcrowding in a...
Fire Safety updates
A couple of fire safety updates of relevance to leaseholders. The Fire Safety Act 2021 sections 1 and 3 came into force on 12 May 2022. The FSA amended the Regulatory Reform (Fire Safety) Order 2005 in order to make it clear that the duties under the 2005...
And no extensions
Kalonga, R (On the Application Of) v London Borough of Croydon (2022) EWCA Civ 670 The Court of Appeal was faced with the question of whether a local authority had the power to extend time for a flexible tenant to request a review of the authority's decision...