There must be some way out of here.

‘Withdrawal’ of proceedings – we’ve been here before, with Spicer v Tuli, but this time, the purported withdrawal was in an appeal of an improvement notice to the Residential Property Tribunal. The appeal to the Upper Tribunal arose out of that. Simon v Denbighshire CC [2010] UKUT 488 (LC) Denbighshire had decided that a category […]

Premature expectations

Isaac Odeniran v Southend on Sea BC [2013] EWHC 3888 (Admin) [Not on Bailii yet] Mr Odeniran had been convicted by the Magistrates of failing to comply with an improvement notice under s.11(2) and 12(2) Housing Act 2004, relating to category 2 hazards. The notice stated: “Under section 12(2) of the Housing Act 2004, the […]

Unappealing

Haringey LBC v Goremsandhu  [2013] EWHC 3834 (Admin) [Not on bailii yet] Ms Goremsandhu was the owner of an HMO, made up of four flats in Tottenham. Haringey had served her with improvement notices. When Ms G had failed to complete the word required within the period apparently given in the notices, Haringey prosecuted under […]

There’s no place like HMO

Shah v Croydon LBC [2013] EWHC 3657 (Admin) [Not on Bailii yet. Seen full transcript of judgment] An appeal by way of case stated from a Magistrates Court decision that a property owned by Mr Shah was an HMO and that Mr S was therefore liable for some 14 months Council Tax. And an illustration of the confusion of […]

Partial Regulation Partially Begins

We have previously commented (fairly negatively!) on the plans to introduce compulsory membership of redress schemes for lettings and property management agency work which appeared at the last minute in the Enterprise and Regulatory Reform Act 2013. Slightly surprisingly (actually it isn’t, that was a rhetorical device) the government has, instead of producing the consultation […]

Mr Pickles’ brighter future for hardworking tenants

I didn’t comment here on Eric Pickles announcement of a ‘Tenants Charter’ at the Tory conference because, on inspection of the DCLG press release, it looked like a burp of a soundbite, with absolutely no significant likely effect. I contented myself with being rude about it in 140 characters on twitter, as that seemed sufficient. […]

Do you have a Right to Rent?

The Government has today published the Immigration Bill in the Commons. We have previously commented on this planned bill and we had been hoping that it might be quietly shelved or downgraded. However that appears not to be the case. From our point of view we are only interested in the housing related provisions in […]

Tories to regulate private rented sector? Don’t get excited…

The detail of this may have passed you by at the time, it certainly did me, but amongst the wind and posturing of David Cameron’s ‘big speech’ in March on stopping immigrants from getting things from healthcare to driving licences was quite a significant snippet on the private rental sector. You have probably already registered […]

Tell me a storey

London Borough of Islington v The Unite Group Plc [2013] EWHC 508 (Admin) This is an interesting appeal in relation to the counting of storeys for HMO licensing purposes. It actually repeats an argument dealt with in an appeal in a criminal prosecution of a Mr Williams by Cotswold District Council from way back in […]

Give Me Back My Money

We bring you two interesting reports from the world of Rent Repayment Orders. Briefly, these stem from a power under s73 and 74 of the Housing Act 2004. These sections allow a Residential Property Tribunal to award a tenant or local authority the return of rent or housing benefits where the landlord has been operating […]