Northwood (Solihull) Ltd v Fearn & Ors (2022) EWCA Civ 40 This was a second appeal on the issue of the signing of tenancy deposit prescribed information certificates and section 8 notices by company landlords. The first appeal (our note here) had held...
R(ZLL) v SSHCLG: Everyone In a “call to action” not a policy
In this case, Fordham J scrutinised the nature of "Everyone In" and analysed whether it was a "policy", such as to impose public law duties on the Secretary of State on its curtailment. The judgment (2022) EWHC 85 (Admin) contains a detailed discussion of...
RROs, company directors and reasonable excuses
A couple of Upper Tribunal appeal decisions on rent repayment order cases. Kaszowska & Ors v White (HOUSING - RENT PAYMENT - whether a rent repayment order may be made against a director of a company landlord) (2022) UKUT 11 (LC) We saw the FTT decision...
‘The present proceedings should never have been brought.’ ASB and disability discrimination.
Rosebery Housing Association Ltd v Williams & Anor (2021) EW Misc 22 (CC) Our grateful thanks to Marie Paris of Doughty Street Chambers for the following note of this County Court judgment. Applications for injunctions under Part 1 of ASBCPA 2014 seem to...
Settled by Settlers
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),...