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No. 1 West India Quay (Residential) Ltd v East Tower Apartments Ltd (2021) EWCA Civ 1119 This was a second appeal to the Court of Appeal from the Upper Tribunal on two issues arising from long running litigation between the freeholder, West India Quay and...
Maharaj & Lo Porto v Richard Davidoff (Tribunal appointed manager) LON/00AL/LSC/2020/0111 (decision here) A cautionary tale of a Tribunal appointed manager behaving badly and a reminder that the appointed manager's duty is to carry out what is in the...
Jalili v Bury Council. Manchester County Court 17 June 2021 (copy of judgment can be found on Civil Litigation Brief here) An interesting, though non-binding, county court decision on the issue of costs of a disrepair claim that settled pre-allocation. Ms...
Global 100 Ltd v Kyselakova & Ors (2021) EW Misc 13 (CC) This is the judgment in an appeal to a Circuit Judge - HHJ Luba QC - from a possession order made by a District Judge at the first hearing of the possession claim. The issues involved the threshold...
We've been here before - MHCLG putting out versions of notice forms that were different to the statutory prescribed version, causing all sorts of lawfulness issues. This time (and I'll confess I hadn't picked it up at the time, because of not paying enough...
Thanks to Marina Sergides of Garden Court for this note of an interesting County Court possession claim, defended on public law grounds. Tower Hamlets LBC v Ali, County Court at Clerkenwell & Shoreditch. 21 July 2021 Tower Hamlets (“TH”) brought a claim...
Kalonga, R (On the Application Of) v The London Borough of Croydon (2021) EWHC 2174 (Admin) While Croydon v Kalonga on terminating flexible tenancies during the fixed term is to be heard by the Supreme Court (our report on the Court of Appeal here), Ms...
In this recent judicial review (2021) EWHC 1964 (Admin) H.H. Judge Gosnell addressed interesting questions around closure orders, adjournments, Article 6(1) rights, and the refusal of the Magistrates Court to state a case. He declined to grant relief...
A few notes... As of 1 August 2021, the notice period for notices seeking possession on grounds of rent arrears for arrears of less than 4 months rent was reduced from 4 months notice to 2 months notice. Where arrears are of 4 months or more, the notice...
Almacantar Centre Point Nominee No.1 Ltd & Anor v CID Investments Ltd & Ors (2021) EW Misc 10 (CC) This is a county court case, so not a binding precedent, but it is a) fascinating (if hardly uncommon in London as a situation), and b) a judgment by...
Rakusen v Jepson & Ors, Safer Renting Intervenor (2021) EWCA Civ 1150 This is the Court of Appeal judgment on an appeal from the Upper Tribunal (Lands Chamber) appeal (our report here). It is of huge significance for Rent Repayment Order applications...
A case dealing with the duty to make full and frank disclosure when applying for an anti-social behaviour injunction without notice.