Global 100 Ltd v Jimenez & Ors (2023) EWCA Civ 1243 This was the Court of Appeal judgment in the latest of Global 100 (and Global Guardians) attempts to get out of properties occupied by guardians being subject to local auhtority licensing requirements,...
Odds and ends
A few snippets of cases of interest: Healey v Fraine & Ors (2023) EWCA Civ 549 Confirmation by the Court of Appeal, if confirmation was needed, that one can't be simultaneously in occupation as a licensee, and in adverse possession of the property under...
Property Guardians and HMOs – on we go.
Global Guardians Management Ltd & Ors v London Borough of Hounslow & Ors (HOUSING - HOUSE IN MULTIPLE OCCUPATION - CIVIL PENALTY - Housing Act 2004 - whether First or Second Appellant a 'lessee' of the HMO - whether a person having control of or a...
Property Guardians and HMOs – they are, you know.
Global 100 Ltd v Jimenez & Ors (HOUSING - HOUSE IN MULTIPLE OCCUPATION - RENT REPAYMENT ORDER - "property guardians") (2022) UKUT 50 (LC) In which Global 100, flushed by their win in the Court of Appeal in Global 100 Ltd v Laleva (2021) EWCA Civ 1835...
The appearance of a substantial defence in possession claims, and property guardians and possession.
Global 100 Ltd v Laleva (2021) EWCA Civ 1835 There is a hell of a lot packed into one appeal here, so I'll try to be brief. This was Global 100's appeal of a first instance appeal (our note here) in which HHJ Luba QC had held that the first instance District...
Property guardians, possession claims and appearance of a defence for CPR 55.8
Global 100 Ltd v Kyselakova & Ors (2021) EW Misc 13 (CC) This is the judgment in an appeal to a Circuit Judge - HHJ Luba QC - from a possession order made by a District Judge at the first hearing of the possession claim. The issues involved the threshold...
Property guardians, council properties, licensable HMOs and RROs against directors
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...
Property guardians, exclusive occupation and non-domestic rates
London Borough of Southwark v Ludgate House Ltd & Anor (2020) EWCA Civ 1637 This is the Court of Appeal judgment on what has been a long running dispute between Southwark and Ludgate House Ltd as to the rates to be paid on Ludgate House, an office block...
“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...
Property Guardians, vanishing companies and still getting it wrong
Camelot! Camelot! I know it sounds a bit bizarre, But in Camelot, Camelot That's how conditions are. Camelot! Camelot! I know it gives a person pause, But in Camelot, Camelot Those are the legal laws.* You may or may not have heard that one of the largest...
Property Guardians, commercial buildings and rates – appeal and grey areas
Ludgate House Ltd v Ricketts (VO) & Anor (RATING - HEREDITAMENT) (2019) UKUT 278 (LC) This was the appeal of the Valuation Tribunal's decision that we reported here. And, while the Upper Tribunal overturns the VT's decision, it does so in ways that may...