Various notes, including the possession claim mediation pilot, a 'no DSS' discrimination case, a service charge payability case, and a finding on the requirements of a statutory Environmental Protection Act notice before prosecution. MHCLG have (slightly...
Rough sleeping and the immigration rules: an update
Back in October 2020, we covered the introduction of new 9.21.1 and 9.22.2 of the Immigration Rules (here). In outline, these created a power for the Secretary of State to refuse an immigration application where the applicant was a rough sleeper or to cancel...
Section 204 appeals – weighing medical evidence and ending ‘relief duty’
Perrott v Hackney London Borough Council, 29 Janaury 2021, Central London County Court (unreported - approved judgment here) and Perrott v Hackney London Borough Council, 29 January 2021, Central London County Court (unreported - approved judgment here) Two...
Relief from forfeiture – Don’t dilly dally on the way
Keshwala & Anor v Bhalsod & Anor (2021) EWCA Civ 492 This was the second appeal, to the Court of Appeal, of a relief from forfeiture matter for commercial property that we have previously seen in the High Court (our report here). The issue was...
Assortment – RROs, landlord compensated for delay to homeless application, and consultation on mould
A handful of brief notes of things of interest. 16 Cornwall Gardens, London, NW10 2QX - (2021) UKFTT LON_00AE_HMF_2020_0097 A First Tier Tribunal decision on an application for a rent repayment order in respect of an unlicensed HMO. The landlord, Mr Ali...
A bundle of case notes
Brief notes on assorted cases of some interest that we haven't otherwise covered. (Well, of interest to me. Other people may be interested in some or all of them. Covering possession, service charges, tribunal costs, management, Defective Premises Act, rent...
Between repairs and structural defects
City of London v Various Leaseholders of Great Arthur House (2021) EWCA Civ 431 This was the Court of Appeal judgment on an appeal from the Upper Tribunal (our report here) where the issue was whether the leaseholders were liable under their service charge...
Too soon? Asserting a tenancy should not have been dismissed at interim injunction
Ibrahim v London Borough of Haringey & Anor (2021) EWHC 731 (QB) Something of an oddity, and I'm not going to comment on the substantive claim, which will now likely proceed to trial, but this was an appeal from a County Court judgment on an interim...
Mandatory relief when left in unsuitable temporary accommodation.
Imam, R (On the Application Of) v The London Borough of Croydon (2021) EWHC 739 (Admin) This is the judgment in a judicial review claim seeking a declaration that Croydon was in breach of its statutory duty under section 193(2) of the Housing Act 1996 to...
Arrears, conduct and Tribunal discretion on RRO awards.
Awad v Hooley (2021) UKUT 55 (LC) This was an appeal to the Upper Tribunal of the FTT decision on a rent repayment order application that we first saw here. The applicant tenant had had rent arrears at the start of the period for which an RRO was sought, and...
Late s.202 reviews and what gets appealed.
Ngnoguem v Milton Keynes Council (2021) EWCA Civ 396 We've seen this prefigured in Stanley v Welwyn Hatfield Borough Council (2020) EWCA Civ 1458 (our note), but the relevant parts of that judgment on late reviews were strictly obiter, as the court had found...
R(Ncube) v Brighton: “Everyone In” does exactly what it says on the tin
The much-anticipated decision in R(Ncube) v Brighton and Hove City Council (2021) EWHC 578 (Admin) has arrived, confirming that in an emergency, "Everyone In" really does mean everyone. Mr Ncube was a rough sleeper and refused asylum seeker from Zimbabwe...