Housing Management & Property Litigation Brief: Issue 30

Welcome to the brand new edition of our Housing Management & Property Litigation brief!

Click here to read the full brief.

Featured articles are listed below:

Aviva Investors Ground Rent GP Limited and another v Williams and others [2023] UKSC 6

A new key Supreme Court service charge decision clarifies that a service charge clause which requires the tenant to pay a fixed percentage service charge or a proportion to be reasonably determined by a landlord, is valid.

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Guide to Dealing with Litigants in Person

With historic cuts to legal aid and the current cost of living crisis, it is not uncommon for a party to find itself litigating against somebody who has not instructed legal representatives or otherwise known as a Litigant in Person (“LiP”).

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Quantification of a Data Breach

The High Court has handed down judgment in the case of Driver v Crown Prosecution Service [2022] EWHC 2500 (KB). In summary, Mr Driver was awarded £250 for his data breach claim. This is a very welcome case for data controllers dealing with low level data breach claims.

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EPA Procedure

There has been a spike in recent months of statutory nuisance notices being served on landlords pursuant to the Environmental Protection Act 1990 (“the EPA 1990”).

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Committals and Sentencing: Lovett v Wigan Borough Council [2022] EWCA Civ 1631

Anna Bennett was recently instructed on the case of Issac Smith v Network Homes Limited which was one of the three conjoined appeals heard by the Court of Appeal in November 2022 with judgment being handed down on 16 December 2022.

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It’s Been a Busy Time on the Rent Regulation Front…

In the last 6 months we have seen a lot of activity both from the Government, Regulator of Social Housing (RSH) on the subject of social and affordable rent increases, and the National Housing Federation (NHF) on shared ownership rent increases.

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Unlawful Profit Orders: A Simple Tool with a Big Impact

The Prevention of Social Housing Fraud Act 2013 (“the Act”) introduced an ability to obtain an Unlawful Profit Order (“UPO”), which is an order requiring a tenant to pay their landlord any profit they have made from subletting their home.

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Spotlight on…Mary Brennan

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Spotlight on…Alex Loxton

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Ask the Expert – Richard Blakeway, the Housing Ombudsman

Richard Blakeway responds to some questions on the Housing Ombudsman’s latest Spotlight report and gives an insight into other key areas currently being examined.

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