Rakusen v Jepsen & Ors (2023) UKSC 9 The issue for the Supreme Court was whether the wording of section 40 and 41 Housing and Planning Act 2016 meant that a rent repayment order could be made against only a tenant's immediate landlord, or also against a...
Mea Culpa
I know, I know. Updates have been thin on the ground. I'm afraid it is the 'work and life getting in the way' thing again. I've got a lot on my plate and no time and/or energy to do case notes. So, in the meantime, here's a list of things that I will...
The whirligig of time
A happy new year to all. I was going to do a new year video, as per the last two years, but as rain lashes the windows and the daylight disappeared about 2 pm, the level of faff involved was beyond me. This seems a fitting way to end 2022... After three...
Rent Repayment Orders – Upper Tribunal on calculating amount, again.
Hancher v David & Ors (HOUSING - RENT REPAYMENT ORDERS - house in multiple occupation - failure to obtain an HMO licence) (2022) UKUT 277 (LC) This was an appeal from an FTT decision to make an rent repayment order in the amount of 100% of the rent for...
Property Guardians and HMOs – on we go.
Global Guardians Management Ltd & Ors v London Borough of Hounslow & Ors (HOUSING - HOUSE IN MULTIPLE OCCUPATION - CIVIL PENALTY - Housing Act 2004 - whether First or Second Appellant a 'lessee' of the HMO - whether a person having control of or a...
Rent Repayment Orders in the Upper Tribunal again.
A couple of appeals on rent repayment orders. The first confirming the UT's approach to assessing what proportion of rent an RRO should be made for. The second on whether someone could be said to be in control or managing an unlicensed HMO where it was not...
Proving things and the perils of pro-forma.
Camfield & Ors v Uyiekpen & Anor (HOUSING - RENT REPAYMENT ORDER - evidence - pro forma witness statements) (2022) UKUT 234 (LC) An appeal from an FTT decision dismissing an application for a rent repayment order, which shows the importance of...
Assorted notes: joint tenancies, RROs – rent arrears and late evidence, and disrepair damages periods
Pile v Pile (2022) EWHC 2036 (Ch) The High Court confirms that Procter v Procter (2022) EWHC 1202 (Ch) is authority for the proposition that it is not a breach of trust for one joint tenant to give notice to quit on the joint tenancy, even where this is done...
Rent Repayment Orders in the Upper Tribunal
A few Upper Tribunal appeals on rent repayment orders, in particular on the level of award, conduct and mitigating factors. Aytan & Ors v Moore & Ors (HOUSING - RENT REPAYMENT ORDER) (2022) UKUT 27 (LC) We're late to this one from January 2022, but...
Rabbit holes to fall down
In case you are in need of distraction from the heat/the tory leadership contest/getting your first, second or third bout of covid/the general state of all things, may I present a small collection of judgments at which to rubberneck. None seem massively...
Plus ca change
One day, at some stage before I retire from blogging, I would like to write a good news story about the regulation of the private rented sector in England. But today is not that day. For I have spent the afternoon reading "Regulation of Private Renting" by...
Delays to services…
Apologies, I know updates have been slow in the last few weeks - I have been very busy on a lot of time sensitive stuff and what down time I've had, has really been needed as, well, down time... But the blog has not been forgotten or abandoned, honest. There...