Gibbins v Gibbins (LANDLORD AND TENANT - Refusal to adjourn - AirBnB lettings) (2020) UKUT 335 (LC) A breach of lease case in the Upper Tribunal which, despite the names, appears to be between two unrelated people. So I shall call them L - the leaseholder -...
Brief assorted case notes
Bromford Housing Association Ltd v Nightingale (2020) EWHC 2648 (QB) An application for relief from sanctions by the defendant to file a late witness statement by a homeless officer in a possession claim was rightly refused by the first instance judge as the...
Suitable means available
Nikolaeva v London Borough of Redbridge (2020) EWCA Civ 1586 A quick note on this Court of Appeal decision concerning offers of permanent accommodation in discharge of duty. Ms N was owed the full housing duty as homeless by LB Redbridge. An offer of a...
Intervening but overcrowded accommodation
Bullale v City of Westminster Council [2020] EWCA Civ 1587 An important Court of Appeal judgment on when intervening accommodation is settled so as to end the effect of a previous finding of intentional homelessness, including a careful revision of Doka v...
When is suitable?
London Borough of Bromley v Broderick (2020) EWCA Civ 152 When assessing the suitability of a (refused) offer of accommodation made under s.193 Housing Act 1996 duty, what is the relevant date, or dates? That was the issue for the Court of Appeal in this...
Finally, lawful non-evictions
Why yes, we have been going on about the apparent unlawfulness of the Lord Chancellor suspending evictions by, well, just asking bailiffs not to evict people. We said it in the first place, and also when it was extended for the national lockdown. Today it...
Water Sellers
The Mayor & Burgesses of the Royal Borough of Kingston-Upon-Thames v Moss (2020) EWCA Civ 1381 This was RB Kingston upon Thames' appeal of the High Court's finding that it was a 'water reseller' under the Water Resale Orders 2001 and 2006, and thus not...
I’m not demanding, I’m telling you – section 8 notices
Prempeh v Lakhany (2020) EWCA Civ 1422 We saw this case on a first appeal in the County Court. The issue was whether a section 8 notice on rent arrears grounds, in this instance grounds 8, 10 and 11, is a 'demand for rent' for the purposes of section 47...
Death and Notices.
Gateway Housing Association v Personal Representatives of Ali & Anor (2020) EWCA Civ 1339 In which the Court of Appeal grapple with the requirement to serve a copy of a notice to quit on the Public Trustee, when serving notice on the personal...
Nomination agreements and discrimination
Z & Anor, R (on the application of) v Hackney London Borough Council & Anor (Rev 1) (2020) UKSC 40 The issue of the application of the Equality Act to local authority nomination agreements with housing charities reached the Supreme Court. This was...
Lockdown 2 evictions
Look, I have to be honest, this is getting silly now. On evictions during the now commenced lockdown, the Lord Chancellor, Robert Buckland QC, has once again written a letter to the High Court Enforcement Officers Association (and one has to presume written...
Assortimenti – pre action protocols and stay of eviction hearings
A couple of notes of things of interest and concern. Firstly. The Civil Justice Council is currently conducting a review of the Pre-action protocols. As part of this review we are seeking preliminary views from interested parties on the purpose and operation...