Cabo v Dezotti (2024) EWCA Civ 1358 We've seen this rent repayment order case in both the FTT (here) and the Upper Tribunal (here). It appears that Ms Cabo was not prepared to accept that she had to pay a rent repayment order and this is her appeal to the...
Rent determinations – Appeals
A note on a couple of Upper Tribunal appeals of FTT determinations of rent - because there may be more of these applications and determinations when the Renters' Rights Bill comes into force... Kensington Avenue Ltd v Curlin (LANDLORD AND TENANT - RENT...
Leasehold notes – RTM notices and Rule 13 costs
A few quick notes on some leasehold related cases. A1 Properties (Sunderland) Ltd v Tudor Studios RTM Company Ltd (2024) UKSC 27 The Commonhold and Leasehold Reform Act 2002 stipulates that a Notice of Claim for Right to Manage must be served on "each person...
What’s another day?
Moh & Ors v Rimal Properties Ltd (2024) UKUT 324 (LC) An appeal from two rent repayment order applications, in both of which the FTT had decided it had no jurisdiction to make a rent repayment order because the applications were made outside the...
Procedural tails and substantive dogs.
Hajan v Mayor & Burgesses of the London Borough of Brent (2024) EWCA Civ 1260 My very grateful thanks to William Heath and Frank Bowmaker of One Pump Court for the following note of the Court of Appeal judgment in these joined appeals. The issue was the...
Equality Act assessors and open advice
Laidley v Metropolitan Housing Trust Limited (2024) EWHC 2611 (Ch) (Copy of judgment. Not on Bailii or National Archives yet) This was the joined hearing of two appeals from a possession claim on grounds of anti social behaviour. Mr Laidley had an assured...
Unsuitable temporary accommodation and discrimination
Begum, R (On the Application Of) v London Borough of Tower Hamlets (2024) EWHC 2279 (Admin A brief note on this judicial review - brief in part because I'm not sure I actually grasp part of the challenge. Ms Begum had applied as homeless to Tower Hamlets in...
Homelessness, disability and reasonable preference under allocation schemes.
RR, R (On the Application Of) v London Borough of Enfield (2024) EWHC 2501 (Admin) This was a judicial review challenge to LB Enfield's allocation policy for priority on the housing register, on the basis that it discrimated against disabled applicants who...
Section 21 and Gas Safety Certificates – what’s in a name?
Barakzai and Barakzai v Fenech and Fenech (19th September 2024, District Judge Jenkins, Brentford County Court). (Unreported) Our thanks to Tom Morris of Landmark Chambers, Richard Mahal and Jacqueline Hovell of Duncan Lewis for the note of this judgment....
The meaning of unfitness
Our grateful thanks to George Murray of Liverpool Civil Law and Laura Walsh at Satchell Moran for a copy of this judgment. Jillians v Red Kite Community Housing. County Court at Oxford. 24 September 2024 (unreported - the Judgment is here) This is a Circuit...
An illegal eviction rent repayment order, interests of justice and an unfortunate email
Osagie v Onwuka & Anor (LANDLORD & TENANT - FTT PROCEDURE - party failing to attend a hearing - matters to be considered when deciding whether to proceed in party's absence - rule 34, Tribunal Procedure (First-tier Tribunal)(Property Chamber) Rules...
Unreasonable conduct and a leasehold mess
Zaid Alothman Holdings Ltd & Ors v Better Intelligent Management Ltd & Anor (COSTS - CONDUCT - what amounts to "unreasonable conduct") (2024) UKUT 253 (LC) This was the appellant leaseholders' appeal from an FTT decision refusing them Rule 13 costs...