I know, I know - it is a Wednesday, so you weren't expecting new regulations and forms. Let alone a couple of weeks before they come into effect. But here they are! (For England only) The Govt announced that from 1 June 2021 there will be new notice periods...
Rent Repayment Order and legal costs
Leibel v Baird CHI/29UC/HMF/2020/0035 (4 May 2021) (FTT decision available here) This was an application for a rent repayment order in respect of an unlicensed property. Unusually, it also featured a rule 13 costs application by the tenant. Ms Leibel was one...
Service charge miscellany
Aster Communities v Kerry Chapman & Ors (2021) EWCA Civ 660 The Court of Appeal dsimissed Aster's appeal from the Upper Tribunal and upheld the UT's reasoning on setting conditions on Aster's application for dispensation from section 20 consultation...
It is a Friday, so new regulations made – form 3/section 8 notice. It doesn’t work.
Admittedly slightly earlier on a Friday than we have come to expect, but still on a Friday to come into force the next working day, come The Assured Tenancies and Agricultural Occupancies (Forms) (Moratorium Debt) (Consequential Amendment) (England)...
Mixed nuts – assorted notes
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...