Come friendly bombs…
Terrorism insurance is an increasingly contentious issue in service charge cases; in short, many leaseholders think it is unnecessary and simply serves to increase the their service charges (and,...
View ArticleWhat’s the Din?*
In Haile v Waltham Forest LBC [2014] EWCA Civ 792, the question for the Court of Appeal was the relevant date for determining whether an applicant is intentionally homeless. On the facts, this was a...
View ArticlePregnancy and Worker Status
Saint Prix v SSWP Case C-507/12 must be one of the more obvious decisions of the CJEU in the sense that the outcome should have been apparent (although the rationale less so), but no less important...
View ArticleBedrooms: Living, moving and relaxing
A couple of new bedroom tax FTT decisions (also on the FTT decisions page) The first, from Liverpool [reasons here], is a fairly standard room size decision on a room measuring 44 square feet. However...
View ArticleThe oxygen of publicity: Paratus and Moore Blatch LLP
Not strictly speaking a housing case, though it is a mortgage repossession matter. But when a High Court Judge orders that a ‘clear and repeated contempt of court should attract proper sanction in the...
View ArticleCondensation damp and saturated plaster
Just a quick note on a County Court disrepair trial with an interesting finding on damp plaster DR v Southwark LBC, Lambeth County Court 11 June 2014 DR had brought a claim for disrepair including for...
View ArticleThey think it’s all over….
We covered the case of Beech v Birmingham CC in the High Court here. The appeal to the Court of Appeal was heard on 11/6/2014 and judgement was given on 17/6/2014. I will not repeat the facts here...
View ArticleMake do and mend: Undoing Superstrike on deposits
The DCLG has published the text of the Government amendment to the Deregulation Bill that is proposed to deal with tenancy deposits and specifically the Superstrike position of a new tenancy (and...
View ArticleErratum
This is for anyone who got the email version of my post on the tenancy deposit amendment to the Deregulation Bill on Tuesday morning. I have a bit of a confession to make… The version you got was on...
View ArticleCome friendly bombs…
Terrorism insurance is an increasingly contentious issue in service charge cases; in short, many leaseholders think it is unnecessary and simply serves to increase the their service charges (and,...
View ArticleDomestic violence and the bedroom tax
A judicial review of the bedroom tax has been given permission, where the claimant is a victim of domestic violence who has received support to remain in her home through a ‘sanctuary scheme’. The...
View ArticleIn the garden of Eden
Lawtel had an interesting note on a permission to appeal case earlier this week – Mount Eden Land Ltd v Bolsover Investments Ltd (Ch.D, 20.6.14). Mount Eden Land Ltd (also known as the Langham Estate)...
View ArticlePrivacy, lifts and bedrooms
An interesting First Tier Tribunal decision from Sunderland (Statement of Reasons). The claimants/appellants were joint tenants of what had been a three bedroom property. One of the joint tenants...
View ArticleBad reviews and a future of bunk beds
Temur v London Borough of Hackney [2014] EWCA Civ 877 This second appeal to the Court of Appeal from a s.204 Housing Act 1996 appeal raises three important questions. Unfortunately, the answers to them...
View ArticleTemporary accommodation at a peppercorn rent
This is a fascinating judicial review case. While the specific facts might only apply to a very few people, there is an interesting principle in it which may have wider application. R (OAO Yekini) v LB...
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Historic Neglect
Daejan Properties Ltd v Griffin & Anor [2014] UKUT 206 (LC) is not, perhaps, the most riveting of Upper Tribunal appeals on service charges, but it does have some useful statements and reminders...
View ArticleMitchell-Game, Set and Match?
The eagerly awaited Court of Appeal judgement in Denton & others v TH White Ltd & others was handed down on Friday. Dyson LJ provides a careful methodology on the approach to applications for...
View ArticleMortgage possession defences
I can distinctly remember my university lectures on mortgages. Not the content – I don’t think I ever really understood that – but the “gap” that existed (and still exists) between the popular...
View ArticleThe UT Repays Again
Fallon v Wilson & Ors [2014] UKUT 0300 (LC) The Upper Tribunal has again found itself considering the issue of Rent Repayment Orders and has provided some further enlightenment on its position...
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‘We told you so’ corner
The DWP has very belatedly issued the interim review of the bedroom tax (under occupation penalty, removal of the spare room subsidy, whatever). The document can be found here, based on a survey for...
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