Moorjani v Kilcoyne (Rev 1) (2020) EWHC 3463 (QB) The name of Moorjani may be familiar. We first encountered Mr Moorjani in a judgment transforming the case law on loss of amenity damages in disrepair claims in the Court of Appeal. However, despite the...
Lost on (civil) penalties: Sutton v Norwich in the Court of Appeal
Sutton v Norwich (2021) EWCA Civ 20, on appeal from the Upper Tribunal (Lands Chamber) (2020) UKUT 0090 (LC), 20th March 2020. Underhill (VP Court of Appeal, Civil) LJ; Moylan and Newey LLJ; In this case, the Court of Appeal considered the civil penalties...
Ping Pong and fire safety
Fire safety issues in blocks of flats and other multi-occupancy buildings are one of, if not *the* biggest issue in housing law and policy today. The background is pretty well-known and, for present purposes, can be quite easily summarised. Since the...
Eviction Stay Redux
Breaking with the tradition of laying such regulations on a Friday evening the day before they come into effect, the Govt has laid The Public Health (Coronavirus) (Protection from Eviction) (England) Regulations 2021 on the Friday lunchtime. These...
Prescribed information and signing as a company – erratum/update
We looked at Northwood Solihull Ltd v Fearn & Ors (2020) EWHC 3538 (QB) in this post (now with an addition) and I discussed it in this video. But it turns out there is something a bit problematic about this High Court decision. The High Court had held...
Leasehold reform in prospect – part 1
The Government has today announced plans for forthcoming legislation on leasehold reform as an initial step on a programme of reform that broadly follows the Law Commission reports and recommendations. What was announced today is that there will be...
PSED, breach and ‘subsequent compliance’.
Taylor v Slough Borough Council (2020) EWHC 3520 (Ch) An appeal on the issue of whether a Council landlord's initial failure to have regard to the Public Sector Equality Duty on commencing possession proceedings could be remedied by later performance of that...
Did you mean to do that? An error in the new Part 6 HA 1996 guidance?
On 31 December 2020, the government published new guidance on Part 6 and Part 7, Housing Act 1996. The Part 7 guidance relates to eligibility post Brexit (i.e. Chapter 7 of the Code) and can be found here. It looks like it's just a summary of the position...
Don’t look back
To end this horrible year, a video that is most definitely not a review of 2020.... (For reasons that were beyond me, the audio drafts out of sync once the edited video is exported from the editing app. I've tried to correct it but alas to no avail. I think...
Property guardians, exclusive occupation and non-domestic rates
London Borough of Southwark v Ludgate House Ltd & Anor (2020) EWCA Civ 1637 This is the Court of Appeal judgment on what has been a long running dispute between Southwark and Ludgate House Ltd as to the rates to be paid on Ludgate House, an office block...
AST statutory notices and signing as a company
Northwood Solihull Ltd v Fearn & Ors (2020) EWHC 3538 (QB) There were two linked issues in this appeal. Where the landlord is a company, does i) a Section 8 Notice and ii) the deposit prescribed information confirmation certificate have to be signed in...
Unlicensed HMO and reasonable excuse defence
Thurrock Council v Palm View Estates (HOUSE IN MULTIPLE OCCUPATION - defence of reasonable excuse for having control of or managing) (202)] UKUT 355 (LC) The Upper Tribunal corrects an FTT decision that Palm View Estates had a reasonable excuse defence to a...