2013 10 Housing

Friday 1 November 2013

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Tolui v Rent Assessment Committee QBD (Admin) (Unreported) 8 October 2013 (Cox J): a case involving the calculation of fair rent under a Rent Act tenancy. The landlord T, carried out work on a property prior to and during 2009. In 2008 and 2009 he had made applications to the Rent Assessment Committee (the Committee) for registration of a new rent. At that time the Committee concluded that Art.2(7) Rent Acts (Maximum Fair Rent) Order 1999 did not apply and that the improvements had not caused an increase in rent sufficient for the standard formula for the calculation of rent, contained in Art.2(1), to be disapplied. In 2012 T made a further application to the Committee. He sought to rely on the improvements that had been carried out prior to his last application. The Committee held that Art.2(7) did not apply. The decision was upheld on appeal. Only improvements carried out since the last application were relevant to the assessment of rent. Ex tempore judgment. Note based on Lawtel summary.

Bank of Cyprus v Claremont Court Investments Ltd Ch D (Unreported) 14 October 2013 (Newey J): a case concerning the appeal procedure in multi-track cases. The Bank of Cyprus (B) was the mortgagee of a hotel owned by Claremont Court Investments Ltd (C). B sought a possession order in the County Court and proceedings were allocated to the multi-track. C sought to defend the claim but the defence was struck out and a possession order was made on a summary basis. C appealed to the High Court and obtained a stay of execution pending appeal. B argued that the High Court lacked jurisdiction to grant the stay since the possession order was a final order in a multi-track case meaning that, by virtue of Art.4 Access to Justice Act 1999 (Destination of Appeals) Order 2000, the right of appeal lay to the Court of Appeal. Newey J held that correct route of appeal in such circumstances lay to the High Court. The possession order was not to be considered a final order since it had been granted as a result of the defence having been struck out and an appeal against a decision to strike out was not a final decision: see CPR PD 52A paragraph 3.8(2). Ex tempore judgment. Note based on Lawtel summary.

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