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...
Too soon for a reasonable preference
Montero, R (On the Application Of) v London Borough of Lewisham (2021) EWHC 1359 (Admin) This was a judicial review of LB Lewisham's allocation scheme, and specifically of the operation of the 5 year residence requirement for eligibility to join the housing...
The Inferno of the private rental sector
For some reason, a whole tranche of First tier Tribunal decisions on rent repayment order applications have just shown up on Bailii. Collectively, they confirm that should you wish to take a journey through the 9 circles of the hell of the private rented...
A Sigh of Relief: Elkundi & Ors v Birmingham City Council
Hot on the heels of the decision in R (Imam) v London Borough of Croydon (2021) EWHC 739 (Admin) (see our note here) comes this altogether more satisfying decision, Elkundi & Ors, R (On the Application Of) v Birmingham City Council (2021) EWHC 1024...
Nur v Birmingham (Part 2): some on the allocation scheme are more equal than others
This case, Nur & Ors, R (On the Application Of) v Birmingham City Council (2021) EWHC 1138 (Admin), is the second part of a decision concerning the housing allocations scheme in Birmingham, with the December 2020 decision covered here on Nearly Legal. ...