FirstPort Property Services Ltd v Settlers Court RTM Co Ltd [2022] UKSC 1 is a big deal in the world of residential leasehold property disputes. Whilst I can't say that the result is particuarly surprising, I imagine it has sent lawyers, RTM company...
News things
There were a few announcements today and a Supreme Court decision. By far the biggest one, if you live in or are a landlord, or indeed a housing lawyer, in Wales is that the Renting Homes (Wales) Act 2016 will be implemented (come into force) on 15 July...
The Gove Conundrum
Today (Monday) was Michael Gove's big day. Not the getting stuck in a lift at Broadcasting House for half an hour, but the announcement of his plans to tackle the Building Safety Crisis. There was a distinct change in rhetoric - with developers and...
Remedying breach of Public Sector Equality Duty (or not)
Metropolitan Housing Trust Ltd v TM (2021) EWCA Civ 1890 We saw in Taylor v Slough Borough Council (2020) EWHC 3520 (Ch) (our note) that in possession claims where a defence of breach of public sector equality duty was raised, the courts would be prepared to...
The shape of things to come – a video look forward.
I decided to ignore 2021 altogether this new year. Instead, here is a look forward (if not entirely an enthusiastic one) to potential policy and legislative changes in 2022, for England, at least. (If Wales finally brings in the Renting Homes (Wales) Act in...
Still with the old, bring in the new. Wales update and preview.
Our grateful thanks to Mike Norman of Harrow Law Centre for the following post on the position - current and to come - on housing law changes in Wales. Notice Seeking Possession It has been now over a year since the previous article substantially updating...
Various notes – anniversaries, punishments, evictions and RROs.
A few notes on events and a couple of RRO cases. Landlord Law, run by Tessa Shepperson, has achieved the remarkable feat of passing its 20th anniversary. That is really quite something for an online service - the online landscape was very different in 2001!....
Property Guardian firms, HMOs, licences, penalties and RROs – it is all here
It turns out that at more or less the same time as Global 100 were pursuing their appeal in the Court of Appeal with regard to their possession claim against a guardian who had been occupying a property owned by NHS Property Services Ltd (our note here),...
Leasehold assortment
Some quick notes on leasehold related cases. Termhouse (Clarendon Court) Management Ltd v Al-Balhaa (2021) EWCA Civ 1881 The First Tier Tribunal has no power to enforce its decisions. This has to be done via the County Court. In some circumstances this can...
No covering this up
As we reach the end of a truly awful week for the government* the National Audit Office has decided to get in on the act. The Regulation of Private Renting report is the equivalent of a (fully deserved) kicking for the government and its approach to the...
The appearance of a substantial defence in possession claims, and property guardians and possession.
Global 100 Ltd v Laleva (2021) EWCA Civ 1835 There is a hell of a lot packed into one appeal here, so I'll try to be brief. This was Global 100's appeal of a first instance appeal (our note here) in which HHJ Luba QC had held that the first instance District...
Court of Appeal on time of demands and legal costs in service charges
Kensquare Ltd v Boakye (2021) EWCA Civ 1725 A second appeal to the Court of Appeal from the Upper Tribunal on a service charge dispute - a decision we briefly noted as Kensquare Ltd v Adwoa & Anor here. There were two main issues, both of some...