Emambee v London Borough of Islington (2019) EWHC 2835 (QB) We saw what seemed like a rather harsh refusal on permission to bring a s.204 Housing Act 1996 homelessness appeal out of time in London Borough of Hamlets v Al Ahmed (2019) EWHC 749 (QB) (our...
Accommodation pending review – getting it wrong at s.189B stage
R (on the application of Laryea) v London Borough of Ealing (2019) QBD (Admin) 29/08/2019 (Not on Bailli, note of extempore judgment on Lawtel) Mr L was homeless and suffered from epilepsy and PTSD. He had applied to Ealing as homeless. He was placed in...
Civil penalties, and appeals of appeals
AA Homes & Housing Ltd & Anor v London Borough Of Croydon (Order) [2019] UKUT B1 (LC) A bit of a curiosity, this. It is an Upper Tribunal decision on an application to for permission to adduce additional grounds of appeal to an appeal of an FTT...
Rent payments, unless orders and relief from sanction
This is not really a housing case, being a commercial lease dispute, but there are a couple of points about relief from sanction and rent payments that are worthy of noting. Michael v Lillitos (2019) EWHC 2716 (QB) An appeal from a County Court decision on...
Dishonourable discharge
SH, R (on the application of) v The London Borough of Waltham Forest (2019) EWHC 2618 (Admin) This was a judicial review of Waltham Forest's decision that it had discharged its s.193 Housing Act 1996 duty (the full homeless duty) to Ms SH by an offer of...
No relief and unbalanced windfalls
Timbo v London Borough Of Lambeth (2019) EWHC 1396 (Ch) This is another in our occasional series of cases where residential leaseholders have had their leases forfeited and not obtained relief from forfeiture. (For other examples, see here, and here). As...
Unlicensed HMO and date of offence
Luton Borough Council v Altavon Luton Ltd & Ors (2019) EWHC 2415 (Admin) An appeal by way of case stated from a DJ's decision at Luton Magistrates. The sole issue was whether the informations in the case had been laid within 6 months "from the time when...
From the County Courts – s.21 timing, breach of PSED
A couple of county court cases, with grateful thanks to Legal Action Housing: recent developments for reporting them. (Link requires subscription. Of course you should be subscribing.) Majiyagbe v Singh and Sandhu, County Court at Central London, 30 August...
New points on appeal, after a summary possession order
Notting Hill Finance Ltd v Sheikh (2019) EWCA Civ 1337 The court of appeal looks at circumstances in which new points can be raised on appeal, where a possession order has been made on a summary basis under CPR Part 55, concluding that there is no test that...
Rent Repayment Orders, limitation and award periods.
This is worth a quick note from some comments and questions I have received after this post on a Rent Repayment Order (RRO). The issue is about the meaning of the requirement that an application for an RRO is brought within 12 months of a relevant offence....
Freeholder rights of access to leaseholder’s premises to carry out works
Oxford City Council v Dr Piechnik, County Court at Oxford, 31 July 2019 (Unreported elsewhere, we've seen the judgment.) Oxford CC is the freehold owner of a 15 storey block of flats. Some 16 of 85 flats are now held by long leaseholders on right to buy...
Property Guardians, commercial buildings and rates – appeal and grey areas
Ludgate House Ltd v Ricketts (VO) & Anor (RATING - HEREDITAMENT) (2019) UKUT 278 (LC) This was the appeal of the Valuation Tribunal's decision that we reported here. And, while the Upper Tribunal overturns the VT's decision, it does so in ways that may...