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...
Notes for noting
Several quick things. The Court of Appeal is to hand down judgment in Arkin v Marshall at 1.30 pm on Monday (11 May). This is the appeal of the decision that the Practice Direction 51Z general 90 day stay on part 55 possession proceedings cannot be lifted,...
“I know it gives a person pause”
Camelot! Camelot! I know it gives a person pause But in Camelot, Camelot Those are the legal laws Camelot Guardian Management Ltd previously pleaded guilty to 15 charges for failing to licence an HMO and for multiple breaches of HMO management regulations in...
Property Guardians and Rent Repayment Orders
Oxley v Live in Guardians Limited LON/00BG/HMF/2019/0037 Thanks to Flat Justice (who represented the applicant) for news of this First Tier Tribunal decision. Ms Oxley occupied a room and shared communal space at a property that was formerly industrial...
FTT fails natural justice on tenant’s RRO application
Wilson v Campbell (HOUSING - RENT REPAYMENT ORDER) (2019) UKUT 363 (LC) In which the Upper Tribunal gives the First Tier Tribunal a thorough ticking off over its decision on a rent repayment order application. Ms Wilson had rented a room in a house from Mr...
Unlicensed HMO and date of offence
Luton Borough Council v Altavon Luton Ltd & Ors (2019) EWHC 2415 (Admin) An appeal by way of case stated from a DJ's decision at Luton Magistrates. The sole issue was whether the informations in the case had been laid within 6 months "from the time when...
Property Guardians and HMOs – guilty
For some reason that, quite frankly, escapes me, assorted 'powers that be' have been non-committal on whether the Housing Act 2004 provisions on HMOs, licensing etc., and also the Part 1 enforcement of conditions and HHSRS, apply to properties occupied by...
Who lives in a shared home like this?
Nottingham City Council v Parr & Anor [2018] UKSC 51 It is not every day you see the Supreme Court setting HMO licence conditions, but today is that day. This was Nottingham's appeal from the Court of Appeal (and before that, the Upper Tribunal, and the...
Still more on 1 October – HMOs, storeys and rooms.
I thought we'd already covered this, but it turns out we haven't fully. So, from 1 October 2018, the definition of a HMO subject to mandatory licensing changes, and separately there are new room size requirements. The Licensing of Houses in Multiple...
Forthcoming law (and informed consent)
The Tenant Fees Bill has had its second reading. The current Bill and its progress are here. There is a lot to digest in the Bill and I suspect there will be amendments on route. There are a whole new range of civil penalties, possible offences and...
Fewer floors for HMOs and minimum room sizes.
The Housing Minister, Alok Sharma, has confirmed that the Government will be going ahead with its proposals to change the conditions for a mandatory license for HMOs to any property with 5 or more occupants in 2 or more households, regardless of the layout...
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,...