Hassan Dervish

Halifax v Salt, Shelter Housing Law Update December/January 2007/2008 issue 32: The County Court Appeal overturned a decision by the District Judge, citing the decision in Cheltenham & Gloucester Building Society v Norgan [1996] 1 WLR 343, that when considering whether to suspend a possession order under section 36 of the Administration of Justice Act 1970, the court should assess whether the borrower can repay the arrears over the remaining term of the mortgage, rather than over a shorter period.

Metropolitan Housing Trust v Djilali Hadjazi [2010] EWCA Civ 750: In this case, Metropolitan Housing Trust (MHT), a registered social landlord, sought possession of a property let to Djilali Hadjazi under an assured tenancy. The claim was based on Ground 14A of Schedule 2 to the Housing Act 1988, which allows possession where one partner leaves the home due to domestic violence by the other. Hadjazi had been violent towards his wife, who eventually fled the property with their children. He later returned to live alone in the house. The County Court initially dismissed MHT’s claim, interpreting Ground 14A narrowly—holding it applied only if the violence occurred while the couple were living together. The Court of Appeal overturned this, ruling that the timing of the violence relative to cohabitation was irrelevant. The legislation’s intent was to protect victims, not shield perpetrators based on technicalities. The case was remitted to a different judge to reconsider whether it was reasonable to grant possession, taking into account updated circumstances.

Avon Ground Rents Limited v Metropolitan Housing Trust & Ors [2018] UKUT 92 (LC): The Tribunal ruled that under s.19(2) of the Landlord and Tenant Act 1985, reasonableness must consider all circumstances, including likely third-party payments. It was not necessary for such payments to be guaranteed to affect the advance charge. The landlord sought advance payments from leaseholders without accounting for anticipated contributions from the NHBC warranty. The FTT determined that the contribution required from the first respondent was nil as the NHBC was liable for the full amount apportioned to the private residential leases, the second respondent was liable to pay a modest sum in respect of the applicable NHBC excess. The FTT made an order further to s.20C of the LTA 1985 restricting the Appellants costs recoverable through the service charge to 50%. On appeal the Upper Tribunal held that the FTT had been entitled to reach the conclusions it had and that there was no basis for interfering with the s.20C Order.

Successfully secured for a G15 Landlord dispensation under section 20ZA of the Landlord & Tenant Act 1985 for works amounting to over £1million pounds (LON/00BE/LDC/2024/0231).