Teresa Ward v LB Hillingdon. County Court at Central London. HHJ Lamb QC. 11 July 2019 (not reported elsewhere, we've seen the judgment.) The issue in this s.204 Housing Act 1996 appeal was whether the review decision upholding a private rented sector offer...
“General incompetence” – Unlawful eviction and fitness for habitation
Hussein Ali Hadi Albu-Swalin v (1) Regency (UK) Ltd (2) Heartland Property Ltd (2019) County Court at Central London. 19 February 2019 We saw the appeal in this case here. I have since received a transcript of the first instance judgment, which...
Tribunal costs in County Court proceedings
John Romans Park Homes Ltd v Mr Hancock, Mrs Hancock (02 Dec 19, unreported). Our grateful thanks to Amanda Gourlay for her note on this appeal. This matter concerned the Mobile Homes Act 1983, but the point is of far broader application. The case was a...
Property Guardians, vanishing companies and still getting it wrong
Camelot! Camelot! I know it sounds a bit bizarre, But in Camelot, Camelot That's how conditions are. Camelot! Camelot! I know it gives a person pause, But in Camelot, Camelot Those are the legal laws.* You may or may not have heard that one of the largest...
FTT fails natural justice on tenant’s RRO application
Wilson v Campbell (HOUSING - RENT REPAYMENT ORDER) (2019) UKUT 363 (LC) In which the Upper Tribunal gives the First Tier Tribunal a thorough ticking off over its decision on a rent repayment order application. Ms Wilson had rented a room in a house from Mr...
Manifesto mayhem
I cannot summon any enthusiasm for this election. It mostly makes me wish I lived in Scotland. But, despite this, I have forced myself to read the three main manifestos so I can summarise them for you all. Conservatives: To call this underwhelming is to give...
Après nous le déluge – rents and water resellers
Royal Borough of Kingston-Upon-Thames v Moss (2019) EWHC 3261 (Ch) Ever since Jones v London Borough of Southwark (2016) EWHC 457 (Ch) (our report), the position on water rates taken as rent by a number of London Councils and Housing Associations under...
Between structural defects and structural repairs
(NB photo is of an entirely unrelated building.) A constant issue in disrepair (at least until the Homes (Fitness for Human Habitation) Act 2018 for tenancies) and in leasehold major works charges matters has been the difficulties of liability for inherent...
Suitability when? Review and decision dates.
London Borough of Waltham Forest v Saleh (2019) EWCA Civ 1944 The Court of Appeal on section 202 Housing Act 1996 reviews of suitability and what facts should be relevant at the time of review. Mr Saleh was owed the full housing duty by Waltham Forest...
No going back
Regency (UK) Ltd v (1) Hussein Ali Hadi Albu-Swalin (2) Heartland Property Ltd (2019) QBD (Chamberlain J) 18/11/2019 (Note of extempore judgment on Lawtel) Regency had let flats to Heartland on the basis that Heartland would sublet to occupiers. Heartland...
If you go down to the woods today
Kerr & Anor (as Trustees) v Maass (2019) EWHC 95 (Ch) (This was from January, but has only just appeared.) This is a rather odd case concerning possession of a farmhouse in the Forest of Dean. It had been first occupied by the defendant's mother and step...
Tribunals and human rights
RR v Secretary of State for Work and Pensions (2019) UKSC 52 The question of the powers of the First Tier and Upper Tribunals (and indeed initial decision makers) to disapply secondary legislation where there is a breach of the appellant's human rights has...