Housing Management & Property Litigation Brief – Wales: Issue 3


Welcome to the brand new edition of our Housing Management & Property Litigation brief tailored to Welsh Registered Social Landlords!

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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The Leaseholder Support Scheme – An Update

The Scheme was introduced by the Welsh Government to help those facing significant financial hardship as a direct result of fire safety issues affecting their property.

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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 – Succession, Kenya Greenidge

How has the Renting Homes (Wales) Act 2016 changed succession rules in Wales?

Read more.


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