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...
Whose landlord is this? Rent to Rent and Rent Repayment Orders again.
Kumar v Kolev & Ors (2024) UKUT 255 (LC) An Upper Tribunal appeal of a rent repayment order made by the FTT. At issue was whether Mr Kumar was the direct landlord of the applicant tenants. If he was not, then as per Rakusen v Jepsen (2023) UKSC 9 (our...
Grenfell Inquiry Phase 2 report
The Phase 2 (and final) report of the Grenfell Inquiry was published today, Wednesday. You will doubtless have seen the headlines. The Inquiry does not hold back in finding responsibility for what happened on the part of all concerned (save the residents and...
The MP for Ilford South and a teachable moment
In what can only be described as a deeply embarrassing, indeed humiliating turn of events, the new Labour MP for Ilford South, Jas Athwal, has provided a clear lesson in poor practice in the private rented sector. (BBC report here, and Guardian report here.)...
The HMO that wasn’t – Rent Repayment Order appeal
Barker v Shokar (HOUSING - RENT REPAYMENT ORDER - criteria for identifying a 'self-contained flat' - whether building was a house in multiple occupation - adequacy of reasons) (2024) UKUT 17 (LC) This was a landlord's appeal of a rent repayment order made by...
Upper Tribunal on ‘person managing’ and ‘person in control’ of HMO for an RRO
Cottam & Ors v Lowe Management Ltd (HOUSING - RENT REPAYMENT ORDER - statutory definitions of "person managing" and "person in control of" an HMO) (2023) UKUT 306 (LC) This is a quite significant Upper Tribunal decision on a rent repayment order...
Property Guardians and HMOs – occupation and use
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,...
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...
What happens after a banning order? The further adventures of Mr Rasool
Mohammed Rasool has featured here quite often, for getting an ASBi against him for illegal eviction, for his role in quite the bizarrest set of cases, in which he sought re-entry after alleged illegal eviction to properties he had no interest in and didn't...
Odds and ends
A few snippets of cases of interest: Healey v Fraine & Ors (2023) EWCA Civ 549 Confirmation by the Court of Appeal, if confirmation was needed, that one can't be simultaneously in occupation as a licensee, and in adverse possession of the property under...
Renters (Reform) Bill – the good, the potentially good and the ugly. Part 1
It is finally here, a mere five years from first being promised. The Renters (Reform) Bill has started its parliamentary journey today (17 May). As it stands, it is the largest reform to tenancies in England since 1988 (Wales having done its own, even more...