Our grateful thanks to Nicholas Nicol of One Pump Court for the following note of a complex ASB possession claim, with counterclaims for breach of the Equality Act 2010 and for disrepair. Redacted copy of the Judgment is here (a condition of the Official...
Steps too far
I should start with an apology to Geeta Koska of One Pump Court, who sent me this judgment a year ago. The delay is entirely my fault. Zikic v London Borough of Haringey. Central London County Court. 9 December 2024. (Copy of Judgment). This was a s.204...
Pre allocation costs in a housing conditions claim
Gemma Court v Beyond Housing Limited. Teesside Combined Court Centre. 12 February 2026. HHJ Robinson BEM. (Copy of Judgment. Our thanks to Andrew Hogan of Hailsham Chambers for circulating it.) This was a County Court appeal of a first instance decision on...
Evicted while on holiday – County Court unlawful eviction claim.
Our grateful thanks to Radhika Shah of Harrow Law Centre for this note of a judgment in an unlawful eviction case, with a substantial damages award. Zeinab Al Khafaji -v- Mr Dixit Shah – Claim no. K01W1476. 29 January 2026 The Claimant was the sole assured...
Rent (and when it isn’t).
Phillips & Anor v Garraway (2026) EWCA Civ 55 This is a curious second appeal of a possession order. It was the tenant's appeal, as the first appeal had upheld the possession order. The background is that Mr & Mrs Phillips had granted Ms Garraway a...
When your landlord’s landlord is your landlord (and a bit of procedural irregularity)
El-Mouka v (1) Ramsy Property Ltd (2) Home Connect Ltd. Romford County Court, 8th August 2025 (note of judgment here) This was a County Court appeal against a possession order and a refusal to stay eviction on a private tenancy. It is a rarity because it...
From the County Courts – a couple of possession claim issues
A couple of case notes on County Court judgments, on validity of a s.21 notice, and on whether an introductory tenancy ceased to be so because of an administrative snafu in the filing of an appeal. Regency Property Management (UK) Ltd v Aleksandrowicz &...
Mixed use leases, dwellings and service charges.
Cloisters Business Centre Management Company Ltd v Anvari & Anor (2026) EWCA Civ 17 A Court of Appeal decision on the application of 'dwelling' in section 38 Landlord and Tenant Act 1985, and so whether sections 18 to 27A, the service charge protection...
PSS is a ‘gateway’ to other rights, does not confer housing rights
Fertre v Vale of White Horse District Council (2025) EWCA Civ 1057 Yes, I am very late to this one, but doing a note for the sake of completeness. The Court of Appeal held that Pre-Settled Status (PSS) under Article 18 of the Agreement on the Withdrawal of...
AI issues in the First Tier Tribunal (Property Chamber) and Upper Tribunal (LC)
As issues with the use of LLM generative AI in submissions in cases continue to arise, it is perhaps not surprising that the FTT(PC) appears to have had its share of such problems. What is perhaps more surprising is that it seems to have been largely on the...
New Year clear up – shrinking the backlog
A happy New Year to you all. It is going to be an interesting one on any measure. I've had a few days off, and so, in an attempt to enter 2026 with a clearer conscience and a lot fewer browser tabs open, I've been working on the backlog of cases I've been...
Catching up – housing conditions and illegal evictions
Catching up - housing conditions and illegal evictions Ferko v Kumar & Kumar. Ealing Magistrates Court. 15 July 2025 This was the sentencing hearing in an Environmental Protection Act 1990 prosecution that we previously saw in on appeal in the High...