A pile of case notes that I've managed to do in the Betwixtmas/Merrineum, hopefully clearing the decks for the new year. It includes right to buy and the intention to return, FTT jurisdiction on rent increases, a council's unlawful interpretation of an...
Fees before the Tenant Fees Act, after the Tenant Fees Act.
Martyna Switaj v Adrian McClenaghan (2024) EWCA Civ 1457 The Court of Appeal on the status of a fee related to a tenancy taken before the Tenant Fees Act 2019 came into force on 1 June 2019 and the impact on the validity of a section 21 notice. Ms Switaj had...
Assorted notes on bits of interest
Various bits of interest... On 21 November, the Housing Minister Matt Pennycook released a written statement on the Government's plans on Leasehold and Commonhold reform, with an outline timetable. Points to note are that regulations implementing key parts...
Procedural tails and substantive dogs.
Hajan v Mayor & Burgesses of the London Borough of Brent (2024) EWCA Civ 1260 My very grateful thanks to William Heath and Frank Bowmaker of One Pump Court for the following note of the Court of Appeal judgment in these joined appeals. The issue was the...
Equality Act assessors and open advice
Laidley v Metropolitan Housing Trust Limited (2024) EWHC 2611 (Ch) (Copy of judgment. Not on Bailii or National Archives yet) This was the joined hearing of two appeals from a possession claim on grounds of anti social behaviour. Mr Laidley had an assured...
Section 21 and Gas Safety Certificates – what’s in a name?
Barakzai and Barakzai v Fenech and Fenech (19th September 2024, District Judge Jenkins, Brentford County Court). (Unreported) Our thanks to Tom Morris of Landmark Chambers, Richard Mahal and Jacqueline Hovell of Duncan Lewis for the note of this judgment....
A very unfit home – Circuit Judge decision on unfitness and damages.
Godagam & Edirisinghe v Hanson. Mayors & City of London County Court. 3 May 2024 (Unreported, copy of judgement is here.) Our grateful thanks to Nick Bano of Garden Court for a copy of the judgment. A county court Circuit Judge judgment on a...
Renters’ Rights Bill – the headlines Part 2
Part 2 of a quick initial look at the Renters' Rights Bill draft, concentrating on what has changed from the late Renters (Reform) Bill that forms its basis. Part 1 of the headlines look is here, and our previous views on the Renters (Reform) Bill - much of...
Renters’ Rights Bill – the headlines Part 1
The Renters' Rights Bill was published today, Wednesday, and received first reading. It now looks set for second reading and progress through Parliament after the party conference season. Parliamentary time allowing, there is a good chance it will be an Act...
Jurisdiction of the FTT on referrals of rent increases.
A couple of cases, one Upper Tribunal, one Court of Appeal, both concerned with the Tribunal's jurisdiction on proposed rent increases in assured and assured shorthold tenancies. The Court of Appeal one we are very late on reporting - somehow it slipped by....
Look what you made me do. (s.21 version)
I had hoped I'd get away with it. That the section 21 validity flowchart could just sit there and await the end of section 21. But then, I've been hoping that since 2019, when the end of section 21 was a manifesto promise, and I've had to update it five...
Too soon? Prescribed information before a deposit taken
Siddeeq v Alaian. K00BF465 County Court at Mayor's and City of London County Court. HHJ Hellman. 9 August 2024 (unreported). A County Court Circuit Judge appeal from a possession claim at Brentford County Court, on the validity of a section 21 notice due to...