Poplar HARCA v Kerr. Central London County Court 26 July 2023. (Unreported. Judgment here.) This was a county court appeal to a circuit judge on the issue of whether a pre-existing suspended possession order, made on a discretionary ground, could be varied...
Staying to make the parties try dispute resolution. A bit of a Tydfil
Churchill v Merthyr Tydfil County Borough Council (2023) EWCA Civ 1416 For transparency purposes, I acted for the Housing Law Practitioners Association on its intervention in this appeal. There was a great weight of expectations on this appeal, with...
Section 21 and Gas Safety – post start of tenancy installations
Our grateful thanks to Noah Gifford of Pallant Chambers for the following note of a County Court judgment on the endlessly vexed issue of gas safety records and section 21 notices. (We've seen the judgment). This time, the issue is the requirements when a...
Saying you are broke isn’t enough to avoid a duty – suitable accommodation and resources
Imam, R (on the application of) v London Borough of Croydon (2023) UKSC 45 Full transparency - I acted for Crisis on an intervention in this case. This is the long awaited Supreme Court decision in Imam v Croydon on what conditions a court should have regard...
Tales from the County Courts – housing conditions quantum, proof of notice of defects, and section 21 and gas safety certificates again
Three county court cases - all first instance judgments and non-binding, but each of interest, including the first two fitness for human habitation decisions that have come our way and a complicating decision on gas safety certificates and section 21...
What Katrina did (or didn’t do) next.
Regular readers will no doubt recall this remarkable case, in which Notting Hill Genesis sought and obtained a freezing injunction against a disbarred barrister, Katrina McCarthy for tortiously inducing a breach of contract by getting NHG's tenant to pay the...
Thin gruel, delayed expectations, and welcome absences – the King’s Speech
A couple of case reports are on the go, but maybe significantly delayed, I'm working up to moving house next week, and physically and mentally, everything is all over the place and probably in the wrong box. But we have to note the King's Speech and the...
Leasehold reform, rumours and thoughts
We already know that there will be a (residential) leasehold reform bill as part of the King's Speech, but the Sunday Times today (29.10.23) has some more details about what might be included. Leasehold houses The most eye-catching proposal is probably the...
Property Guardians and HMOs – occupation and use
Global 100 Ltd v Jimenez & Ors (2023) EWCA Civ 1243 This was the Court of Appeal judgment in the latest of Global 100 (and Global Guardians) attempts to get out of properties occupied by guardians being subject to local auhtority licensing requirements,...
The multiple deposit penalty claim question – yet again
Szorad & Anor v Kohli (2023) EW Misc 12 (CC) A county appeal to a circuit judge on the perennial question of how many deposit regulations breaches can be claimed for in respect of the same deposit. (To be honest, I'd though that although we don't have a...
Private sector accommodation in discharge of duty – meeting the tests at the right time
Ayinla v London Borough of Newham. Central London County Court. 29 September 2023 (copy of judgment) Our thanks to Haroon Sarwar of TV Edwards for the judgment in this section 204 appeal. The key issue was whether LB Newham had met the requirements of...
Abolition of section 21 – not anytime soon says Government
After a lot of concern that the Bill was going to be lost, the Government announced that the second reading of the Renters (Reform) Bill will take place on Monday 23 October, so enabling it to be carried forward into the next parliamentary session after the...