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...
A couple of possession related appeals
Reading Borough Council v Holland (2023) EWHC 1902 (Ch) An appeal of a possession order made at first instance for Ms Holland's introductory tenancy of sheltered accommodation. Ms H was found by an expert report in the original proceedings to have...
Upper Tribunal leasehold cases
Brief notes on some recent Upper Tribunal cases. Davies v Benwell Road RTM Company Ltd (LANDLORD AND TENANT - SERVICE CHARGES) (2023) UKUT 197 (LC) Following a complicated and muddled history of County Court and FTT proceedings between the parties, a 'double...
Damp, mould and the HHSRS
Cases yet to be written up are in a growing pile, but frankly it has been too darn hot to have the laptop on my lap for more than half an hour, so they are going to have to wait. Instead, here is a quick note on two recent DLUHC/govt publications on damp and...
Waking watch costs and failing to do Fire Risk Assessments
Radcliffe Investment Properties Ltd v Meeson & Ors (LANDLORD AND TENANT - SERVICE CHARGES) (2023) UKUT 209 (LC) This is a very interesting appeal to the Upper Tribunal on the issue of a freeholder recovering waking watch costs through the leaseholder's...
Mental health and security of occupation
Islam & Anor, R (On the Application Of) v London Borough of Haringey (2022) EWHC 3933 (Admin) This was a judicial review of Haringey's refusal to award Mr Islam Band A priority on its housing register, rather than Band B. Mr I and his household were...
Distance, affordability, suitability
Katie-Leigh Webb-Harnden v London Borough of Waltham Forest (2023) EWCA Civ 992 This was the second appeal from a review decision upholding the suitability of an offer of a private sector tenancy in Walsall in discharge of Waltham Forest's s.193 duty to Ms...
Return of deposit by cheque – Definitely maybe.
Richworth Ltd v Billingham (2023) EW Misc 8 (CC) Over the years we've seen a number of county court decisions on the issue of when a deposit counts as returned for the purposes of being able to serve a section 21 notice (see here and the links in that...
Suitability s202 reviews and ‘minded to’ regulations
E v Royal Borough of Kensington and Chelsea. 9 December 2022. Central London County Court (Unreported - Anonymised at claimant's request) ) This is a s.204 appeal judgment that I have been sitting on for an inexcusably long time, ever since I was kindly sent...