The holiday was lovely, thank you. A couple of degrees hotter than the UK, but with a) the sea 45 seconds from my bed, and b) air conditioned rooms. But it left quite a lot to catch up on of previous backlog and 'while away' things - so, a first instalment...
“Our legal are leading experts when it comes to landlord and tenant law”*
“If you wait by the river long enough, the bodies of your enemies will float by.” ― Sun Tzu The other day, this brief article was brought to my attention (full version for subscribers only and I'm not a subscriber). The article said that Sasha Charles of...
Assorted – RROs and advance rent, trespass and the PFE, and nuisance by footballs.
Various brief notes on assorted cases, including RROs, trespass and unlawful eviction for a licensee, and nuisance by football. Oh and use of make-up artists by a party... Pearton v Betterton Duplex Ltd (HOUSING - RENT REPAYMENT ORDER - rent paid before the...
No-ground evictions in Wales: A case for change?
Our grateful thanks to Mike Norman of Harrow Law Centre, our now designated person for housing law in Wales, for this detailed and thoughtful view on whether Wales will be left behind in retaining possession claims with no grounds required. Introduction It...
What else to do? Disability discrimination and justification
Thiam v Richmond Housing Partnership (2025) EWHC 933 (KB) This was an appeal of a possession order made by HHJ Luba KC. Ms Thiam was the assured tenant of Richmond Housing. A possession order had been sought on grounds 8 (rent arrears), ground 14 (anti...
Equality Act assessors and disclosure of advice
Laidley v Metropolitan Housing Trust Ltd (2025) EWCA Civ 448 This is a second appeal from the High Court's appeal judgment that we noted here. The issue was the use of and non-disclosure to the parties of an Equality Act assessor's advice to the Judge in...
Oddities and Ends
Sorry for the silence, while the cases to write up have piled up. It has been a busy stretch in and out of work... More thorough write-ups of some cases will follow, but for now, a few brief notes on cases of interest and oddness. Thanks to Doughty Street...
Starter tenancies, extensions, and section 21 claims – An ASB case.
Yorkshire Housing Limited v Scott. County Court at Scarborough. 30 October 2024. (Not reported. Copy of the judgment is here.) A section 21 based possession claim for a 'starter tenancy' for the reason of anti social behaviour. It was defended on the basis...
Case notes in passing – adverse possession rules, sale and rent-back, and the evidential burden in service charge disputes
A few brief notes on judgments of interest. Brown v Ridley & Anor (Rev1) (2025) UKSC 7 The Supreme Court considered para 5(4) to Schedule 6 Land Registration Act 2002 on the requirements for an application for registered title through adverse possession...
Section 21 and Gas Safety again, and tools for tenants.
A couple of quick notes. Robert Jones (Trading as DAP Properties & Ors v Oliver Wood. County Court at Brentford. 20 February 2025. My grateful thanks to Peter Sibley of Landmark Chambers for a note of this case. This was a possession claim based on a...
Service of documents – post and deemed service
D’Aubigny v Khan & Anor (2025) EWCA Civ 11 (Not on Bailii yet, a copy of the judgment is here.) We saw this case in the County Court. This is the Court of Appeal judgment. The central issue was whether service by post of a gas safety certificate, EPC and...
New year clear out
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...