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...
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...