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...
‘Court rent accounts’, McKenzie Friends and allegedly inducing breach of contract.
I was going to finish off a very overdue post on a very interesting s.204 appeal on suitability, but that will have to wait - maybe tomorrow - because my jaw has just dropped on seeing this case report from Landmark Chambers. Let me just outline what has...
Intentional homelessness – what counts as accommodation?
Hodge v Folkestone and Hythe District Council (2023) EWCA Civ 896 A second appeal to the Court of Appeal on Folkestone's decision that Ms Hodge as intentionally homeless because she had left a room in a hostel run by a charity that she was occupying under...
From the Upper Tribunal (Lands Chamber) and one Court of Appeal decision
Some brief notes on recent Upper Tribunal and Court of Appeal decisions on leasehold and service charge issues. Yambasu v London Borough of Southwark (LANDLORD AND TENANT - SERVICE CHARGES - Consultation requirements for qualifying long-term agreements)...
Suitability appeal – don’t ignore evidence of need.
Our grateful thanks to Daniel Grütters of One Pump Court for the following note and copy of the judgment in a section 204 appeal on the suitability of temporary accommodation. Uddin v Hackney LBC (2023) J40CL175 (unreported, we've seen the judgment.) Case...