A couple of quick notes For landlords in Wales, Coastal Housing Group Ltd v Mitchell & Anor (2024) EWHC 2831 (Ch) is potentially a very big deal indeed. We will have a detailed note done before long, but in short, a two Judge High Court held that where...
Procedural tails and substantive dogs.
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...
The meaning of unfitness
Our grateful thanks to George Murray of Liverpool Civil Law and Laura Walsh at Satchell Moran for a copy of this judgment. Jillians v Red Kite Community Housing. County Court at Oxford. 24 September 2024 (unreported - the Judgment is here) This is a Circuit...
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...
Goodbye to all that?
So, a 4 July general election it is. Dissolution of Parliament will be on 30 May 2024. If Sunak hasn't already dissolved. Wash-up - pushing through remaining legislation in the course of going through Parliament, has to be completed by 24 May, when...
Housing conditions quantum – another County Court decision
Well, well. You wait four years then three come along at once. Our thanks to Doughty Street Chambers for their note of a County Court judgment on damages for disrepair and unfitness for human habitation. E v The London Borough of Lambeth (Wandsworth County...
Not at home alone, but intending to return
Weintraub v London Borough of Hackney (2024) EWHC 845 (Ch) An appeal of the dismissal of a claim for a declaration that Rabbi Weintraub had the right to buy, which was dismissed on the basis that he was not occupying the property as his only or principal...
Council managing its premises is not providing a service for Equality Act 2010 purposes.
FG, R (On the Application Of) v Royal Borough of Kensington and Chelsea (2024) EWHC 780 (Admin) This was a judicial review of RBKC, asserting discrimination under the Equality Act 2010 in RBKC's failure to make physical adaptations to a flat occupied by...
A lack of candour over a lack of discretion
Montano, R (On the Application Of) v London Borough of Lambeth (2024) EWHC 249 (Admin) A short note on this judicial review. Ms M had requested that Lambeth exercise a discretion to back date her entry on the housing register (for greater priority) to the...
An end to ‘a reasonable period’? Awaab’s Law
As you will doubtless recall, the Social Housing (Regulation) Act 2023 introduced a new section 10A Landlord and Tenant Act 1985, implying a term into all social tenancies that the landlord will comply with all 'prescribed requirements' on responding to...
Failed succession, residential care and human rights incompatibility
Dudley Metropolitan Council v Mailley (2023) EWCA Civ 1246 We first saw this very sad case on first instance in the High Court - our note here. Ms Mailley was defending possession of a Dudley property of which her late mother had been the secure tenant since...