Byrne v Harwood-Delgardo. Luton County Court. 21 June 2022. (Copy of Judgment) In my comments to our post on the Court of Appeal judgment in Trecarrell House Limited v Rouncefield (2020) EWCA Civ 760, I pointed out that the judgment only addressed late...
Not incidental enough
Mayor and Burgesses of the London Borough of Tower Hamlets v Khan (2022) EWCA Civ 831 A Court of Appeal judgment on whether a freeholder, LB Tower Hamlets, was entitled to contractual legal costs under the lease, following a money claim for unpaid service...
Management transfers and public functions: R(TRX) v Network Homes
This judicial review of R(TRX) v Network Homes (2022) EWHC 456 (Admin) CO/3538/2021 is a useful restatement of the principles which apply in determining when decisions of Private Registered Providers of social housing (Housing Associations) can be judicially...
Unlawful eviction – but landlord not liable
Brem v Murray & Marchant (2022) EWHC 1479 (QB) An appeal judgment from a first instance judgment on a claim for unlawful eviction, which deals with the landlord's liability for the unlawful eviction that had taken place. Mr Brem ran a hairdressing salon....
Freezing Houses
Still lots of cases and other things to write up, now including an appeal decision on liability for unlawful eviction damages by an intermediate landlord where the superior landlord illegally evicted the sub-tenant, and tomorrow (or today, depending on when...
Failure of section 189B duty
Our grateful thanks to Daniel Grütters of One Pump Court for this note of a recent section 204 appeal judgment on Westminster City Council's performance (or lack thereof) of the s.189B Housing Act 1996 duty (the 'help to secure' or relief duty). Mr Miro...
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A deliberate act needs options to choose between.
Milton Laines Roman (R OAO) v London Borough of Southwark (2022) EWHC 1232 (Admin) This was a judicial review of LB Southwark's refusal to place the claimant in Band 1 of its Allocation Scheme, on the basis that the claimant's current overcrowding in a...
Something to look forward to
The Queen's Speech was delivered earlier today. As is usually the way, the speech itself didn't have much to say about anything. What matters - and what contains the details - is the Briefing Pack produced after each speech. It's available here. It looks...
Notes and gloats.
It is being reported that reform of the private rented sector, including the abolition of section 21, will be in the next Queen's Speech. It may not be a renters reform bill but part of a larger 'levelling up' bill, which does make one wonder about its...
The wrong order
Behjat v Crescent Trustees Ltd (2022) UKUT 115 (LC) UTLC We've previously seen some messes happen where the First Tier Tribunal judges purport to exercise their jurisdiction as county court judges, for example here. This, unfortunately, is another instance...
No messing about.
R (Elkundi) v Birmingham and R (Imam) v Croydon (2022) EWCA Civ 601 (not on Bailii yet. Copy of the judgment here) Two joined appeals on local authority duties to provide suitable accommodation under section 193 (2) Housing Act 1996 were before the Court of...