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...
Homelessness and evidence
Oday Yabari, R (on the application of) v The Lord Mayor and Citizens of the City of Westminster (2023) EWHC 185 (Admin) A judicial review of what was alleged to be Westminster's failure to meet its s.188(1) duty to secure suitable accommodation and breach of...
Rent increase and creation of a new tenancy
Our thanks to Haroon Sarwar of TV Edwards and Marina Sergides of Garden Court for the details of this county court possession case. Tower Hamlets Community Housing v The personal representative of Joseph Desir & Ors. County Court at Clerkenwell &...
Be still, my beating heart – new ‘How to Rent’ Guide
A new version of the How to Rent Guide was released today, 2 October 2023. This needs to be given to the tenant on all new and replacement tenancies (including on statutory periodic arising) from today onwards. NB - 'given' means a physical copy given to the...
Misc notes – RRO in the UT; Allocation, domestic abuse and discrimination
A couple of quick notes on cases that have been sitting a browser tabs in my 'to do' window for far too long... Daff v Gyalui & Aiach-Cohen (2023) UKUT 134 (LC) Ms Daff had been ordered to pay an RRO for an unlicensed property to the tenants in the...