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...
RROs, company directors and reasonable excuses
A couple of Upper Tribunal appeal decisions on rent repayment order cases. Kaszowska & Ors v White (HOUSING - RENT PAYMENT - whether a rent repayment order may be made against a director of a company landlord) (2022) UKUT 11 (LC) We saw the FTT decision...
Various notes – anniversaries, punishments, evictions and RROs.
A few notes on events and a couple of RRO cases. Landlord Law, run by Tessa Shepperson, has achieved the remarkable feat of passing its 20th anniversary. That is really quite something for an online service - the online landscape was very different in 2001!....
Property Guardian firms, HMOs, licences, penalties and RROs – it is all here
It turns out that at more or less the same time as Global 100 were pursuing their appeal in the Court of Appeal with regard to their possession claim against a guardian who had been occupying a property owned by NHS Property Services Ltd (our note here),...
Rent Repayment Orders – not ALL the rent.
Williams v Parmar & Ors (HOUSING - RENT REPAYMENT ORDER) (2021) UKUT 244 (LC) We knew that the Upper Tribunal has been itching to get an appeal on the approach to the assessment of the amount of a rent repayment order, ever since Ficcara v James,...
Pick the first landlord up
Rakusen v Jepson & Ors, Safer Renting Intervenor (2021) EWCA Civ 1150 This is the Court of Appeal judgment on an appeal from the Upper Tribunal (Lands Chamber) appeal (our report here). It is of huge significance for Rent Repayment Order applications...
RROs – late payments, rent arrears and deposits considered by the Upper Tribunal
Kowalek v Hassanein Ltd (HOUSING - RENT REPAYMENT ORDER) (2021) UKUT 143 (LC) An Upper Tribunal appeal decision on a Rent Repayment Order decision that raised three issue. t"he treatment of payments made by a tenant after the landlord has stopped committing...
A reasonable excuse defence to an RRO – ‘they told me they’d tell me’
D'Costa v D'Andrea & Ors (HOUSING - RENT REPAYMENT ORDERS - the defence of reasonable excuse) (2021) UKUT 144 (LC) An Upper Tribunal appeal of a rent repayment order. Ms D'Costa was the owner of a property in Tower Hamlets. In 2015, she let the property...
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...
Smorgasbord: Updated s.21 flowchart, EPA prosecution costs and an unsuccessful RRO
Having realised a day late that the Section 21 validity flow chart needed updating to take into account the new 4 month notice period (and 8 month 'use it or lose it' period) for section 21 notices served on or after 1 June 2021 brought in by The Coronavirus...
The Inferno of the private rental sector
For some reason, a whole tranche of First tier Tribunal decisions on rent repayment order applications have just shown up on Bailii. Collectively, they confirm that should you wish to take a journey through the 9 circles of the hell of the private rented...
Rent Repayment Order and legal costs
Leibel v Baird CHI/29UC/HMF/2020/0035 (4 May 2021) (FTT decision available here) This was an application for a rent repayment order in respect of an unlicensed property. Unusually, it also featured a rule 13 costs application by the tenant. Ms Leibel was one...