Camelot Guardian Management Ltd v Khoo (2018) EWHC 2296 (QB) I missed this at the time (July). I might well have been on holiday, but also it didn't make the usual sources. This is quite a significant judgment on the issue of property guardians and the...
Harassment – when new evidence isn’t.
Taiwo v Homelets of Bath Ltd (2018) EWHC 2757 (QB) This was Homelets of Bath appeal from first instance judgment against them on Ms T's claim for harassment under Prevention of Harassment Act 1997 and Protection from Eviction Act 1977, and assault and false...
How… How did THAT happen? corner
Another in our occasional series of cases that cause you to splutter into your coffee. Kirby v Salvation Army Hostel Association (2018) QBD 12/10/2018 (Unreported. Lawtel note of extempore judgment) As far as we can tell, Mr K had been occupying a room in a...
Catching up – forfeiture & AST regulations
A couple of catch-up/postscript notes. We looked at Cheerupmate2 Ltd v Calce (2017) UKUT 377 (TCC) before - our report here - the landlord's forfeiture was held to be invalid and premature. Well, Cheerupmate2 Ltd appealed to the Court of Appeal. Cheerupmate2...
Late, later, too late
North v Tyndale. Clerkenwell & Shoreditch County Court (4 October 2018) (Thanks to Nik Nicol, One Pump Court and Sadikur Rahman, Edwards Duthie for note of decision on which this is based). So, from the Supreme Court, to a first instance county court...
Who lives in a shared home like this?
Nottingham City Council v Parr & Anor [2018] UKSC 51 It is not every day you see the Supreme Court setting HMO licence conditions, but today is that day. This was Nottingham's appeal from the Court of Appeal (and before that, the Upper Tribunal, and the...
Doing the same thing all over again
Sajid v Nuur (2018) CLCC, 30 July (Judgment here) A county court appeal arising out of a set of proceedings starting with a disrepair claim by a private sector tenant, which raises issues of service and when second proceedings are an abuse of process. Our...
Section 21 flowchart – now with grey areas
I finally updated the 'validity of section 21 notices' flowchart to take into account the 1 October 2018 changes. I've also included grey areas (literally). The 'grey areas' are where current case law, or the operation of statute, mean that things may...
A noisy appeal
Curo Places Ltd v Walker [2018] EWHC 2462 (QB) This was Curo Places appeal of a Circuit Judge's dismissal of its possession claim against Ms Walker. Ms W had a six year fixed term assured tenancy of a flat from Curo Places. Soon after the tenancy started, Ms...
Who can complain of statutory nuisance?
The question in the rather wonderfully titled Watkins v Aged Merchant Seamen's Homes & Anor (2018) EWHC 2410 (Admin) was whether a former licensee who remained in occupation after a possession order could bring a complaint of statutory nuisance under...
Unfixed fixed terms
Livewest Homes Ltd v Bamber (2018) EWHC 2454 (QB) This was Ms Bamber's appeal of a decision on a preliminary issue in possession proceedings. The first instance court held that in the circumstances of the case, Livewest were not obliged to give 6 months...
Assorted bits
The post on Caridon Property Ltd v Monty Shooltz (gas safety cert and s.21) now has the approved transcript of judgment attached, which may be useful for anyone arguing such cases. The section 21 validity flowchart wasn't updated to include Caridon v...