If Nearly Legal has a mantra, it is this: "Everyone should have a housing lawyer with them at all times". Or, at the bare minimum, a landlord and tenant lawyer. We had taken the reasonableness of this to be self-evident. However, it seems even this basic...
Property Guardians & tangled webs (Camelot. Again)
There is a bit of a thing unfolding in Bristol involving property guardians, Bristol City Council and Camelot, one of the larger property guardian firms, upon whom we have had cause to remark upon several times in the past. Several former nursing homes,...
PRS enforcement corner
Three items relating to PRS licensing/HMO regulations and property management enforcement, with some added harassment of tenants thrown in. Thanks to Dean Underwood at Cornerstone for news of this Magistrates Court case. London Borough of Waltham Forest v...
Cities behaving badly and other bits
A remarkable note on the Community Law Partnership site sets out what may possibly amount to a mass unlawful eviction of secure tenants by Birmingham City Council. Birmingham CC have been using High Court Sheriffs for evicting secure tenants after a...
You Didn’t Tell Me or How Ignorance of the Law is no Defence
Thanet DC v Grant LTL 2/11/2015 EXTEMPORE (only on Lawtel) This case deals with a small point relating to HMO licensing and prosecutions. It is only on Lawtel as an extempore judgement but is a pretty clear statement of the law. When making an HMO licensing...
HMO corner.
A couple of recent Upper Tribunal (Land Chamber) decisions on HMOs under licensing schemes. Urban Lettings (London) Ltd v London Borough Of Haringey [2015] UKUT 104 (LC) What does an 'appropriate person' 'having control of a HMO' mean in circumstances where...
1, 2, 3, 4, 5, 6, 7, 10
This was a judicial review of LB Enfield's plans for borough wide additional HMO licensing and selective licensing of all PRS properties. It did not go well for Enfield, who appear to have not quite grasped the consultation requirements. Regas, R (On the...
The UT Repays Again
Fallon v Wilson & Ors [2014] UKUT 0300 (LC) The Upper Tribunal has again found itself considering the issue of Rent Repayment Orders and has provided some further enlightenment on its position after the case of Parker v Waller (which we wrote about...
When is a storey not a storey?
The answer appears to be when it is only for access! Bristol City Council v Digs (Bristol) Ltd [2014] EWHC 869 (Admin) We first reported on this case briefly as a decision of the Bristol Magistrates Court. It has now been appealed by way of case stated and...
Confederacy of Dunces.
I've been watching the slow motion catastrophe that is 'Rent 2 Rent' [sic] for a while, as have other NL writers. Despite the high profile collapse of the poster boy and cheerleader, Unidaplace, last autumn, owing many thousands (and the simultaneous...
There must be some way out of here.
'Withdrawal' of proceedings - we've been here before, with Spicer v Tuli, but this time, the purported withdrawal was in an appeal of an improvement notice to the Residential Property Tribunal. The appeal to the Upper Tribunal arose out of that. Simon v...
Unappealing
Haringey LBC v Goremsandhu [2013] EWHC 3834 (Admin) [Not on bailii yet] Ms Goremsandhu was the owner of an HMO, made up of four flats in Tottenham. Haringey had served her with improvement notices. When Ms G had failed to complete the word required within...