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...
Miscellaneous – legal costs under leases, Tribunal appointed managers and the BSA, and estopping a van Hoogstraten
Thanet Lodge (Mapesbury Road) & Anor v Mirchandani (LANDLORD AND TENANT - SERVICE CHARGES - recovery of legal and mediation expenses as service charges) (2024) UKUT 205 (LC) This was an appeal on a leaseholder's challenge to the payability of legal costs...
Leasehold miscellaneous
A few quick notes on various leasehold related cases. Howe Properties (NE) Ltd v Accent Housing Ltd (2024) EWCA Civ 297 Accent Housing levied a management fee on leaseholders which was at flat rate and a) differed by tenure (freehold and assured tenancies...
Shared Ownership, assured shorthold and long leases. The mess continues.
Sovereign Network Homes v Ms Vanessa East, Claim Number H01W1247 (13 May 2024, Central London County Court). Thanks to Landmark Chambers for their note on this case. This was a county court appeal of a first instance decision to allow an application to...