Kumar v Kolev & Ors (2024) UKUT 255 (LC) An Upper Tribunal appeal of a rent repayment order made by the FTT. At issue was whether Mr Kumar was the direct landlord of the applicant tenants. If he was not, then as per Rakusen v Jepsen (2023) UKSC 9 (our...
Grenfell Inquiry Phase 2 report
The Phase 2 (and final) report of the Grenfell Inquiry was published today, Wednesday. You will doubtless have seen the headlines. The Inquiry does not hold back in finding responsibility for what happened on the part of all concerned (save the residents and...
The MP for Ilford South and a teachable moment
In what can only be described as a deeply embarrassing, indeed humiliating turn of events, the new Labour MP for Ilford South, Jas Athwal, has provided a clear lesson in poor practice in the private rented sector. (BBC report here, and Guardian report here.)...
Who knew? Or ought to have known?
Mann v Martin (2024) EW Misc 23 (CC) Standalone section 4 Defective Premises Act 1972 cases are quite unusual. It is more common as an additional/secondary head in a disrepair claim, but this county court case is such a relatively rare beast. Ms Mann is the...
Jurisdiction of the FTT on referrals of rent increases.
A couple of cases, one Upper Tribunal, one Court of Appeal, both concerned with the Tribunal's jurisdiction on proposed rent increases in assured and assured shorthold tenancies. The Court of Appeal one we are very late on reporting - somehow it slipped by....
Look what you made me do. (s.21 version)
I had hoped I'd get away with it. That the section 21 validity flowchart could just sit there and await the end of section 21. But then, I've been hoping that since 2019, when the end of section 21 was a manifesto promise, and I've had to update it five...
Too soon? Prescribed information before a deposit taken
Siddeeq v Alaian. K00BF465 County Court at Mayor's and City of London County Court. HHJ Hellman. 9 August 2024 (unreported). A County Court Circuit Judge appeal from a possession claim at Brentford County Court, on the validity of a section 21 notice due to...
Suitable accommodation under section 190 Housing Act 1996
ZRR, R (On the Application Of) v London Borough of Bexley (2024) EWHC 2073 (Admin) This was a judicial review of Bexley's contention that temporary accommodation offered to ZRR under s.190 Housing Act 1996 was suitable and its duty was discharged when ZRR...
Housing Need Assessments and Suitability – Getting it wrong. Again.
UO v London Borough of Redbridge (2024) EWHC 1989 (Admin) We first saw UO and Redbridge in this judicial review of an unlawful housing needs assessment (HNA) and suitability decision. That decision was, to say the least, scathing about Redbridge's decision...
Miscellaneous – legal costs under leases, Tribunal appointed managers and the BSA, and estopping a van Hoogstraten
Thanet Lodge (Mapesbury Road) & Anor v Mirchandani (LANDLORD AND TENANT - SERVICE CHARGES - recovery of legal and mediation expenses as service charges) (2024) UKUT 205 (LC) This was an appeal on a leaseholder's challenge to the payability of legal costs...
The future beckons…
So, the King's Speech today (17 July) and the legislative programme of the new government. What does it hold for housing? There were few surprises, I suppose, given the Labour manifesto commitments, but we can now be sure that two housing/leasehold related...
The meaning of maintenance
London Borough of Tower Hamlets v Lessees of Brewster House and Malting House (2024) UKUT 193 (LC) (11 July 2024) This was an appeal to the Upper Tribunal on whether a service charge for major works to remedy structural defects to two blocks of flats was...