LB Lambeth v Fanfair, County Court at Clerkenwell & Shoreditch, 14 February 2023 Our grateful thanks to Angharad Monk of Garden Court and Gurminder Birdi at Cambridge House Law Centre for this note of LB Lambeth's claim for an injunction against Ms...
Local authority serving notices – requirements
Birmingham City Council v Bravington (2023) EWCA Civ 308 A quick one - A possession claim under s.84A Housing Act 1985 requires service of a notice under section 83ZA. In this case: The respondent, Mr Drew Bravington, has since 2018 had a secure tenancy of a...
No surrender
City of Westminster Council v Kazam & Anor (2023) EWHC 825 (KB) It is always the joint tenancies that cause problems... This was an appeal of a first instance decision dismissing a claim for possession by Westminster and declaring that Mr Rahimi had...
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...
Homelessness and Allocation – unlawfully restricting reasonable preference
Khayyat & Anor v Westminster City Council (2023) EWHC 30 (Admin) A judicial review by two claimants of Westminster's allocation policy and its restriction of entry to the housing register to only homeless applicants to whom Westminster had decided it...
A lift too far. The extent of the section 11 obligation
Anchor Hanover Group v Cox (2023) UKUT 14 (LC) (Copy of judgment here. Not on Bailli or national archive yet) A somewhat unusual Upper Tribunal appeal concerning the application of section 11 Landlord and Tenant Act 1985, which ends up being about the scope...
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...
Ombudsman’s decisions and housing conditions claims
I'm going to break one of our rules (well, more of a guideline really) and comment on a case in which I had a role. I supervised the case, in which one of my colleagues acted for the claimant. It is also a report on a settled County Court claim, so not...
Selection box
Brief notes on an assortment of cases. Kensington & Chelsea RLBC v Airbnb Payments Ltd (2022) EWHC 2209 (Ch) - not on Bailii Kensington sought a Norwich Pharmacal order against Airbnb Payments Ltd to require disclosure of whether there were booking for...
Awaab Ishak – Coroner’s ruling and Reg 28 Report to Prevent Future Deaths
We now have the Coroner's Findings and Conclusion for the inquest into the death of Awaab Ishak, and also the Regulation 28 Report for the purpose of preventing future deaths. (My previous post on the death of Awaab Ishak is here. It was written quickly and...
Residential care, succession and human rights incompatibility
Dudley Metropolitan Borough Council v Mailley (2022) EWHC 2328 (QB) A quick note on this possession claim, which involves a challenge to Section 87 Housing Act 1985 as incompatible with Article 8 and 14 ECHR. Ms Mailley was defending possession of a Dudley...
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...