Our thanks to Naomi Trewinnard of Harrow Law Centre for this note of a remarkable Ombudsman decision in which LB Brent was found to have left a homeless household in wholly unsuitable temporary accommodation for 9 years - yes, 9 years. I've never seen an...
Rent Repayment Orders – not ALL the rent.
Williams v Parmar & Ors (HOUSING - RENT REPAYMENT ORDER) (2021) UKUT 244 (LC) We knew that the Upper Tribunal has been itching to get an appeal on the approach to the assessment of the amount of a rent repayment order, ever since Ficcara v James,...
Homelessness – renewed applications and overlooked facts
Ibrahim, R (On the Application Of) v Westminster City Council (2021) EWHC 2616 (Admin) This was a judicial review of Westminster's refusal to accept a third homelessness application from Ms Ibrahim, following a review decision upholding a decision that she...
Private sector assortment
Some bits for private sector tenancies (in England, mainly), including s.21 notice periods, Tenant Fees Act and tenancy 'churn', an updated electrical safety guide for tenants, and the distant prospects of a Renters Reform Bill. I've belatedly updated the...
Bedrooms – hypothetical rather than actual. Bedroom tax and actual use.
The Secretary of State for Work and Pensions v Hockley & Anor (2019) EWCA Civ 1080 A quick note because I somehow missed this at the time. The Court of Appeal overturned the Upper Tribunal decision (our note here) on whether assessment of entitlement to...
The one where counsel is a witness
Axnoller Events Ltd v Brake & Anor (cross-examination on a draft witness statement) (2021) EWHC 2539 (Ch) I don't know how many of you have been following the Axnoller v Brake litigation (parties vary, but are basically the same). I suspect not a lot. If...
Things! Useful and allowing for schadenfreude
An assortment of useful and amusing things for a Sunday. First, the many and varied changes to the notice periods and validity periods of section 21 notices over the last 18 months has caused headaches for all involved in trying to calculate the relevant...
When a specified sum is a variable service charge.
Aly & Anor v Wickham & Anor (2021) EW Misc 12 (CC) This was an appeal to a Circuit Judge from a first instance decision on a money claim for unpaid service charges for holiday lodges. The lease provided (so far as relevant) that the lessee must pay:...
Misc – erratum, Bedroom tax and DA, and Tribunal managers and reserve funds
An assortment of things... First an erratum to yesterday's post on the High Court judgment on applications to cancel a debt moratorium. The High Court had held that such an application must be by claim form. I was subsequently pointed at Practice Direction...
Cancelling a debt moratorium – some issues
[Updated 13 Sept 2021 with reference to CPR PD 70B] Axnoller Events Ltd v Brake & Anor (mental health crisis moratorium) (2021) EWHC 2308 (Ch) I'm not going into any detail on the background to this judgment. It forms part of what has been by any measure...
Injunction for re-entry and balance of convenience.
Mahandru v Nielson (2021) EWHC 2297 (QB) An appeal of a County Court decision to refuse an interim injunction for re-entry in a claim for illegal eviction. The claimant, Mr Mahandru hd been living in a property owned by Dr Nielson since December 2020. On 4...
1 October – new (old) notice periods and new forms
New regulations were laid today (9 Sept) coming into force on 1 October 2021 for England. The snappily titled The Coronavirus Act 2020 (Residential Tenancies and Notices) (Amendment and Suspension) (England) Regulations 2021 do the following. Extend the...