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Osagie v Onwuka & Anor (LANDLORD & TENANT - FTT PROCEDURE - party failing to attend a hearing - matters to be considered when deciding whether to proceed in party's absence - rule 34, Tribunal Procedure (First-tier Tribunal)(Property Chamber) Rules...
Wu v Chelmsford City Council (2023) EWCA Crim 338 Not something we see very often, an appeal from a conviction for illegal eviction (not that we see many convictions for illegal eviction in the first place). Brief facts - Mr and Mrs Krishnamoorthy had a...
Brief notes on an assortment of cases. Kensington & Chelsea RLBC v Airbnb Payments Ltd (2022) EWHC 2209 (Ch) - not on Bailii Kensington sought a Norwich Pharmacal order against Airbnb Payments Ltd to require disclosure of whether there were booking for...
A few things of interest... The Scottish government has put the cat amongst the pigeons by announcing that there will be a ban on evictions and a freezing of rent increases until 31 March 2023, to be implemented by fast track legislation. This would apply to...
A few notes... As of 1 August 2021, the notice period for notices seeking possession on grounds of rent arrears for arrears of less than 4 months rent was reduced from 4 months notice to 2 months notice. Where arrears are of 4 months or more, the notice...
Gunn & Launders v Khan (2020) EWCA Civ 1905 (Not on Bailii. Judgment on Westlaw. Only just come across it, via Legal Action) This was an appeal by the landlord, Saakib Khan, of an order sentencing him to six months imprisonment for contempt of court for...
Regency (UK) Ltd v (1) Hussein Ali Hadi Albu-Swalin (2) Heartland Property Ltd (2019) QBD (Chamberlain J) 18/11/2019 (Note of extempore judgment on Lawtel) Regency had let flats to Heartland on the basis that Heartland would sublet to occupiers. Heartland...
A collation of cases and stories from the private sector, and a series of reminders that a database of rogue landlords, and indeed banning orders, can't come soon enough. In Sheffield, John Cashin was convicted of 56 offences involving HMO management,...
While the Magistrates Courts continue to hand out paltry fines to landlords on conviction for illegal eviction, despite the removal of the upper £5000 limit, it is good to see that the civil courts are capable of taking a more reasonable approach to quantum....
Along with Ben Reeve Lewis, who as a former Tenancy Relations Officer really knows, we have long had a bee in our various bonnets about fines for illegal eviction levied by the Magistrates Court on prosecutions brought by local authorities. And so to Sead...
Strydom v Fowler. Brentford County Court 24 November 2010 A County Court case involving possession, unlawful eviction, trespass and Housing Act 1988 s27 and s28. Our thanks (as ever) to the Legal Action 'Recent Developments in Housing Law' for this one. Mr F...
Naughton v Whittle and Chief Constable of Greater Manchester Police. Manchester County Court 30/11/2009 (Legal Action July 2010) The tendency of the police to be utterly useless in cases of unlawful eviction has been a recurrent motif on Nearly Legal. They...