Rakusen v Jepsen & Ors (2023) UKSC 9 The issue for the Supreme Court was whether the wording of section 40 and 41 Housing and Planning Act 2016 meant that a rent repayment order could be made against only a tenant's immediate landlord, or also against a...
Mea Culpa
I know, I know. Updates have been thin on the ground. I'm afraid it is the 'work and life getting in the way' thing again. I've got a lot on my plate and no time and/or energy to do case notes. So, in the meantime, here's a list of things that I will...
Unravelling a mental health moratorium
Kaye v Lees (2023) EWHC 152 (KB) We've seen previous instalments in this matter here and here. The result of those was that Mr Kaye's eviction of Ms Lees after a charging order and order for sale was unlawful as the eviction was after notification of a...
Homelessness and Allocation – unlawfully restricting reasonable preference
Khayyat & Anor v Westminster City Council (2023) EWHC 30 (Admin) A judicial review by two claimants of Westminster's allocation policy and its restriction of entry to the housing register to only homeless applicants to whom Westminster had decided it...
Crossing the line – what happens when the Care Act meets housing duties
Campbell, R (On the Application Of) v London Borough of Ealing (2023) EWHC 10 (Admin) This judicial review concerns the relationship between the Care Act 2014 and housing legislation, in particular the effect of s.23 of the Care Act 2014, which prevents care...
A lift too far. The extent of the section 11 obligation
Anchor Hanover Group v Cox (2023) UKUT 14 (LC) (Copy of judgment here. Not on Bailli or national archive yet) A somewhat unusual Upper Tribunal appeal concerning the application of section 11 Landlord and Tenant Act 1985, which ends up being about the scope...
Insurance premiums and commissions
Canary RIverside Estate LON/00BG/LSC/2019/0277 (copy decision here via Leasehold Knowledge Partnership) This was the FTT's decision on an application by the residential leaseholders of the Canary Riverside Estate challenging the insurance premiums they had...
The whirligig of time
A happy new year to all. I was going to do a new year video, as per the last two years, but as rain lashes the windows and the daylight disappeared about 2 pm, the level of faff involved was beyond me. This seems a fitting way to end 2022... After three...
Leasehold Leftovers
Assorted quick leasehold related notes, to be done before they go off in the fridge. Kaye v Lees (2022) EWHC 3326 (KB) The aftermath of the decision on a mental health moratorium that we noted here. In the previous judgment, it was held that a warrant of...
Ombudsman’s decisions and housing conditions claims
I'm going to break one of our rules (well, more of a guideline really) and comment on a case in which I had a role. I supervised the case, in which one of my colleagues acted for the claimant. It is also a report on a settled County Court claim, so not...
Distant rumbles
Post Truss, we have been told once more that the Renters Reform Bill will be forthcoming before too long, and with it the end of section 21 as a way of getting possession for landlords. Now, like a distant rumble of thunder heralding the oncoming storm,...
Not quite Notice to Quit
O G Thomas Amaethyddiaeth CYF & Anor v Turner & Ors (2022) EWCA Civ 1446 In which the Court of Appeal considers whether a notice to quit that named the wrong tenant was valid. This was an agricultural tenancy, originally granted to Owen Thomas in an...