I somehow missed this fascinating rent repayment order application decision back in February, and just had my attention drawn to it by a remarkably dimwitted rule 13 costs application decision on the same case (on which more later on). There are a lot of...
No defence, no reasonableness – service charges and referral to the Tribunal.
Gell v 32 St John's Road (Eastbourne) Management Company Ltd (2021) EWCA Civ 789 This is one of those cases where the Court of Appeal says "It is perhaps surprising that in the 35 years since the Landlord and Tenant Act 1985 was enacted the effect on a claim...
Smorgasbord: Updated s.21 flowchart, EPA prosecution costs and an unsuccessful RRO
Having realised a day late that the Section 21 validity flow chart needed updating to take into account the new 4 month notice period (and 8 month 'use it or lose it' period) for section 21 notices served on or after 1 June 2021 brought in by The Coronavirus...
Too soon for a reasonable preference
Montero, R (On the Application Of) v London Borough of Lewisham (2021) EWHC 1359 (Admin) This was a judicial review of LB Lewisham's allocation scheme, and specifically of the operation of the 5 year residence requirement for eligibility to join the housing...
A Sigh of Relief: Elkundi & Ors v Birmingham City Council
Hot on the heels of the decision in R (Imam) v London Borough of Croydon (2021) EWHC 739 (Admin) (see our note here) comes this altogether more satisfying decision, Elkundi & Ors, R (On the Application Of) v Birmingham City Council (2021) EWHC 1024...
Nur v Birmingham (Part 2): some on the allocation scheme are more equal than others
This case, Nur & Ors, R (On the Application Of) v Birmingham City Council (2021) EWHC 1138 (Admin), is the second part of a decision concerning the housing allocations scheme in Birmingham, with the December 2020 decision covered here on Nearly Legal. ...
Less Notice! More Forms! End of eviction ban!
I know, I know - it is a Wednesday, so you weren't expecting new regulations and forms. Let alone a couple of weeks before they come into effect. But here they are! (For England only) The Govt announced that from 1 June 2021 there will be new notice periods...
It is a Friday, so new regulations made – form 3/section 8 notice. It doesn’t work.
Admittedly slightly earlier on a Friday than we have come to expect, but still on a Friday to come into force the next working day, come The Assured Tenancies and Agricultural Occupancies (Forms) (Moratorium Debt) (Consequential Amendment) (England)...
Mixed nuts – assorted notes
Various notes, including the possession claim mediation pilot, a 'no DSS' discrimination case, a service charge payability case, and a finding on the requirements of a statutory Environmental Protection Act notice before prosecution. MHCLG have (slightly...
Section 204 appeals – weighing medical evidence and ending ‘relief duty’
Perrott v Hackney London Borough Council, 29 Janaury 2021, Central London County Court (unreported - approved judgment here) and Perrott v Hackney London Borough Council, 29 January 2021, Central London County Court (unreported - approved judgment here) Two...
Relief from forfeiture – Don’t dilly dally on the way
Keshwala & Anor v Bhalsod & Anor (2021) EWCA Civ 492 This was the second appeal, to the Court of Appeal, of a relief from forfeiture matter for commercial property that we have previously seen in the High Court (our report here). The issue was...
Assortment – RROs, landlord compensated for delay to homeless application, and consultation on mould
A handful of brief notes of things of interest. 16 Cornwall Gardens, London, NW10 2QX - (2021) UKFTT LON_00AE_HMF_2020_0097 A First Tier Tribunal decision on an application for a rent repayment order in respect of an unlicensed HMO. The landlord, Mr Ali...