Our Property Barristers Group

Preparing Particulars of Claim in Possession Cases

42BR members Krishma Patel and Samuel Davis discuss particulars of claim in possession cases

Published: 30th Sep 2022

Mathew McDermott and Robert Winspear have been successful for the landlord in the Court of Appeal, in an important case about the quantum of Rent Repayment Orders

Rent Repayment Orders: the Court of Appeal has this morning handed down judgment in Kowalek v Hassanein Ltd dismissing the tenants’ appeal from the Upper Tribunal.

Published: 25th Jul 2022

Desmond Kilcoyne discusses the Building Safety Act 2022: Parts now in force since 28 June 2022

Desmond Kilcoyne, of 42BR, has written a synopsis on the Building Safety Act 2022: Parts now in force since 28 June 2022

Published: 5th Jul 2022

Can you trust a notice to quit?

Michael Grant discusses the recent High Court decision in Procter v Procter and others [2022] EWHC 1202.

Published: 30th May 2022

Landlord Fergus Wilson ordered to pay £125,000 in costs to Ashford Borough Council

Published: 10th May 2022

Webinar - What does Stoffel v Grondona mean for property lawyers?

A seminar considering the Supreme Court decision in Stoffel v Grondona, where mortgage fraud did not prevent a claim for solicitor’s negligence, and subsequent case law on the illegality defence.

Published: 9th Feb 2022

Victus Estates and others v Munroe and others [2021] EWHC 2411 (Ch)

A fresh opportunity for the High Court to consider the effect of a transfer in a fraudulent property transaction occurred in Victus Estates Limited & Others v Munroe & Others [2021] EWHC 2411.

Published: 7th Sep 2021

Service Charges: When will conditions be imposed upon the grant of dispensation from consultation requirements?

Michael Grant discusses the recent Court of Appeal decision of Aster Communities v Kerry Chapman (and Ors) [2021] EWCA Civ 660, concerning the attachment of conditions to an award of dispensation from the consultation requirements under S.20 of the Landlord and Tenant Act 1985.

Published: 14th May 2021

Laura Giachardi in the Supreme Court

Published: 30th Oct 2020

Court of Appeal (CHD) grants permission to appeal in an important appeal concerning beneficial interest in property

The Appellant, a former solicitor, claimed he held a beneficial interest in property by way of constructive or resulting trust.

Published: 22nd May 2019

‘Fitness for Human Habitation’ Day

Today, 20 March 2019, the Homes (Fitness for Human Habitation) Act 2018 comes into force; introducing new sections 9A, 9B and 9C into the 1985 Act.

Published: 20th Mar 2019

Double-edged sword: Can you have two possession orders at once?

Double-edged sword: Can you have two possession orders at once? In a recent case an interesting point arose around whether or not it was possible for a landlord under an AST to have two possession orders in respect of the same property at the same time. Facts The facts of the case were fairly typical.

Published: 13th Mar 2017

Housing Bulletin No 19 – New evidence, settled section 204 appeals and cost

Welcome to this, the 19th bulletin from the Housing Team. We hope that you will find the content of interest: if you wish to receive further updates you can subscribe by replying to housing@42br.com New evidence, settled section 204 appeals and costs LB Croydon v. Lopes [2017] EWHC 33 (QB) It is well known that usually

Published: 1st Feb 2017

Housing Bulletin No 18 – Forfeiture for non-payment of service charges

Welcome to this, the 18th bulletin from the Housing Team. We hope that you will find the content of interest: if you wish to receive further updates you can subscribe by replying to housing@42br.com Forfeiture for non-payment of service charges Last month, we ran a workshop in Chambers exploring the law and procedure of forfeiting a

Published: 9th Jan 2017

Housing Bulletin No 17 – Anti-social behaviour injunctions

Welcome to this, the 17th bulletin from the Housing Team. We hope that you will find the content of interest: if you wish to receive further updates you can subscribe by replying to housing@42br.com Anti-social behaviour injunctions: can the Court rely on historic bad behaviour? Birmingham City Council v Glenn Parode [2016] EWHC 3119 (QB) In

Published: 14th Dec 2016

Housing Bulletin No 16 – Warrants for Possession

Welcome to this, the sixteenth bulletin from the Housing Team. We hope that you will find the content of interest: if you wish to receive further updates you can subscribe by replying to housing@42br.com Warrants for Possession Cardiff City Council v Lee (Flowers) [2016] EWCA Civ 1034 The Senior Master has today issued her practice note

Published: 22nd Nov 2016

Housing Bulletin No 13 – Human Rights and the Private Sector

Welcome to this, the thirteenth bulletin from the Housing Team. We hope that you will find the content of interest: if you wish to receive further updates you can subscribe by replying to housing@42br.com This bulletin discusses the judgment in the case of McDonald (by her litigation friend Duncan J McDonald) v McDonald & others [2016] UKSC 28.

Published: 20th Jun 2016

Housing Law Bulletin No 12 – updating service of 2015 on all issues relating to housing law

Welcome to this, our twelfth updating service of 2015 on all issues relating to housing law — whether social or private, landlord or tenant. Here, Niamh O’Brien offers a case law update : Mansing Moorjani v Durban Estates Limited [2015] EWCA Civ 1252 An unusual set of facts permits the Court of Appeal to review the legal basis for damages to be awarded for disrepair to premises let on a long lease.

Published: 22nd Dec 2015

Housing Bulletin No 11 – Section 21 Notices

In this issue of 42 Bedford Row's Housing Bulletin Desmond Kilcoyne discuses Section 21 Notices: new law in force.

Published: 10th Nov 2015

Housing Law Bulletin No 10 – Retaliatory Evictions Scheduled changes to the section 21 possession procedure

In this issue of 42 Bedford Row’s Housing Bulletin Peter Jolley discuses covers changes to the ’section 21 possession procedure' being introduced on 1 October 2015 by the Deregulation Act 2015, specifically restrictions upon certain landlords in using the section 21 procedure if a complaint has been received by their tenant about the condition of the property.

Published: 24th Aug 2015

Housing Law Bulletin No 8 – What is a ‘good reason’ for not attending a possession hearing’?

This bulletin discusses what constitutes a ‘good reason’ for not attending a possession hearing when the Defendant is seeking to set aside the order made in their absence’.

Published: 6th Aug 2015

Housing Law Bulletin No 7 – When it is reasonable to reject a permanent offer of housing under the Housing Act 1996?

This bulletin discusses the recent Court of Appeal case of Poshteh v the Royal Borough of Kensington and Chelsea [2015] EWCA Civ 711.

Published: 29th Jul 2015

Housing Law Bulletin No 6 – The Supreme Court explains the meaning of ‘ordinarily resident’

Topic: The Supreme Court explains the meaning of 'ordinarily resident'

Published: 22nd Jul 2015

Housing Law Bulletin No 5

Topic: “How should the courts assess whether a homeless applicant is vulnerable and in priority need of housing, with reference to the Housing Act 1996 s.189 (1)(c)?”

Published: 2nd Jul 2015

Housing Law Bulletin No 4

Topic: Changes to the tenancy deposit protection rules. On 26 March 2015, sections 30 to 32 of the Deregulation Act 2015 came in to force. What are the implications of this for landlords in relation to tenancy deposit schemes?

Published: 2nd Jul 2015

Housing Law Bulletin No 2

Welcome to this, the second bulletin from the Housing Team. We hope that you will find the content of interest: if you wish to receive further updates you can subscribe by replying to housing@42br.com. Topic: Akerman- Livingstone v Aster Communities Ltd “Can the court summarily dispose of a defence to possession based on an allegation of unlawful

Published: 31st Mar 2015

Housing Law Bulletin No 1

Welcome to this, the first bulletin of what will be a regular updating service on all issues relating to housing law — whether social or private, landlord or tenant. We hope that you will find the content of interest: if you wish to receive further updates you can subscribe by replying to housing@42br.com “Can a

Published: 4th Mar 2015

Dispensing with the need to consult about service charges – at what cost?

The Supreme Court has changed the law about dispensing with the need for consultation for qualifying works or qualifying long term agreements where tenants of residential dwellings have to pay service charges: Daejan v Benson [2013] UKSC 14. The requirements for consultation in the 2003 Regulations (2003 SI 1987) are complex and lengthy. They vary according to

Published: 8th Mar 2013