Gunn & Launders v Khan (2020) EWCA Civ 1905 (Not on Bailii. Judgment on Westlaw. Only just come across it, via Legal Action) This was an appeal by the landlord, Saakib Khan, of an order sentencing him to six months imprisonment for contempt of court for...
Doors, fixtures and demises
Marlborough Knightsbridge Management Ltd v Fivaz (2021) EWCA Civ 989 In which the Court of Appeal grapple with whether a front entrance door to a leasehold flat is a 'landlord's fixture' or something else. This was the landlord's second appeal from the Upper...
The Building Safety Bill
The Building Safety Bill is here. There is a lot in it and I can't claim to have mastered it in the few hours since it was published, but I wanted to get something down on paper as soon as possible. This is, so we have been repeatedly told, the vehicle...
Domestic Abuse and Priority Need
After assorted rumours, it was officially announced that section 78 Domestic Abuse Act 2021 came into force today, (Monday 5 July 2021), although the regulations bringing it into force weren't actually published until about 4.30 pm (I was hunting for them)....
Breathing Space for Wales? Extension of possession notices, restarting of eviction warrants and a new Hardship Grant
We are grateful to Mike Norman of Harrow Law Centre for this update on the position on possession notices and proceedings in Wales. In many ways the latest updating Welsh regulations dealing with possession notices, applying from 30th June 2021, are...
‘If you’re not too hot, we’re evicting you”
Last night, as housing law twitter (yes there is such a thing) did what it does, this tweet from @marieajparis definitely caught my attention https://twitter.com/marieajparis/status/1410593210628395011?s=21 (If you can't see the tweet, it says "My client...
A reasonable excuse defence to an RRO – ‘they told me they’d tell me’
D'Costa v D'Andrea & Ors (HOUSING - RENT REPAYMENT ORDERS - the defence of reasonable excuse) (2021) UKUT 144 (LC) An Upper Tribunal appeal of a rent repayment order. Ms D'Costa was the owner of a property in Tower Hamlets. In 2015, she let the property...
EPCs and pre 1 October 2015 tenancies
Minister v Hathaway & Anor (2021) EWCA Civ 936 A Court of Appeal judgment on the applicability of the Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015 to tenancies that pre-date 1 October 2015. The Hathaways had...
Property guardians, council properties, licensable HMOs and RROs against directors
I somehow missed this fascinating rent repayment order application decision back in February, and just had my attention drawn to it by a remarkably dimwitted rule 13 costs application decision on the same case (on which more later on). There are a lot of...
No defence, no reasonableness – service charges and referral to the Tribunal.
Gell v 32 St John's Road (Eastbourne) Management Company Ltd (2021) EWCA Civ 789 This is one of those cases where the Court of Appeal says "It is perhaps surprising that in the 35 years since the Landlord and Tenant Act 1985 was enacted the effect on a claim...
Smorgasbord: Updated s.21 flowchart, EPA prosecution costs and an unsuccessful RRO
Having realised a day late that the Section 21 validity flow chart needed updating to take into account the new 4 month notice period (and 8 month 'use it or lose it' period) for section 21 notices served on or after 1 June 2021 brought in by The Coronavirus...
Banning Order? Simples.
LB Camden v 1) Simple Properties Management Ltd 2) Mr MIguel Cabeo Cespedes LON/00BA/HBA/2020/0011 (not on Bailii yet. Copy of decision here.) A banning order! One of - if we are being honest - far too few to date (even taking into account the time lag for...