Freeholders behaving badly and FTT managers
Queensbridge Investments Limited v Lodge & Ors [2015] UKUT 635 (LC) There was quite a simple question at issue in this Upper Tribunal (Land Chamber) appeal – could the FTT appoint a manager to the...
View ArticleClarity and contractual costs in leases
Geyfords Ltd v O’Sullivan & Ors [2015] UKUT 683 (LC) The issue of the recovery of lessors’ costs of county court and/or Tribunal proceedings from lessees under the service charge has been a hot...
View ArticleForthcoming Attractions
Happy new year, if at all possible. Some things to await – if not necessarily look forward to – in 2016 (mostly in England). January Possibly will see the Supreme Court judgment in Samin v Westminster...
View ArticleJust walk away (beforehand)
A very belated (and brief) note on Arnold v Britton & Ors [2015] UKSC 36, as I have just realised we didn’t cover it. A shameful omission. Our note on the Court of Appeal decision is here. Briefly,...
View ArticleMortgage possession and disability discrimination
Southern Pacific Mortgage Ltd v V [2015] EW Misc B42 (CC) (19 November 2015) This is county court case, but a very interesting one on the issue of disability discrimination in mortgage possession...
View ArticleYou don’t know what you’re doing
January 5, 2016, sees the Housing and Planning Bill return to the House of Commons for the Report stage (if you want to read about how the Committee stage went, the excellent House of Commons library...
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A scandal unfolds: High Court enforcement again
Since our previous post on this topic, it has become apparent that there are significant and widespread issues with evictions of tenants by High Court writ, specifically by some High Court Enforcement...
View ArticleHelp the aged*
Retirement housing issues aren’t something we cover much on NL, but in late December 2015, there were two interesting** developments. By way of background, many retirement properties/retirement...
View ArticlePromises, promises
A sad county court case that raises questions over the way in which some housing associations approach ground 8 possession claims and evictions. Christian Action (Enfield) Housing Association Ltd v L...
View ArticleSomething to Declare
Herefordshire Council v Rhode 2016 UKUT 039 (LC) The power for a local authority to make an HMO declaration under s255, Housing Act 2004 is not commonly used. This power arises where a property appears...
View ArticlePreferring Burnip: Discrimination without justification
Rutherford & Ors, R (On the Application Of) v Secretary of State for Work & Pensions [2016] EWCA Civ 29 The Court of Appeal tackles the bedroom tax and discrimination again, and, a year on from...
View ArticleFebruary is the cruellest month
Monday 1 February 2016 sees the commencement of the ‘Right to Rent’ regulations in all of England. All new private tenancies, sub-tenancies, lodgings, and licences (including property guardians) will...
View ArticleDiscrimination in allocation
Courtesy of Garden Court North Chambers and Joseph Markus of GCN is this note of a settled judicial review claim on an allocation policy’s local connection requirements. R (VC) v North Somerset Council...
View ArticleFind a new place to dwell
Or spousal rights after notice to quit served by joint tenant. Derwent Housing Association Limited v Taylor, Court of Appeal (Civ Div) 19 January 2016 (unreported as far as I can see, apart from this...
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High Court enforcement continued
In what has turned into a continuing series, there are further updates on enforcement of possession orders via the High Court, obtaining writs and the scandalous conduct of many High Court Enforcement...
View ArticleEU ineligibility for housing
Mirga and Samin v Secretary of State for Work and Pensions & Anor [2016] UKSC 1 In Mr Samin’s appeal, the Supreme Court considered the meaning of “a person from abroad who is not eligible for...
View ArticleFailing on systematic failings
Edwards & Ors, R (on the application of) v Birmingham City Council [2016] EWHC 173 (Admin) This was a quite extraordinary judicial review (or rather four joined judicial review claims with another...
View ArticleSu-su-subrogation
Fresca-Judd v Golovina, High Court (QBD) 5 February 2015, Holman J (Not on Bailii, available on lawtel or via notes here and here) Ms Golvina had rented a cottage from Ms Fresca-Judd. The rent was some...
View ArticleIs a mere roof enough?
Niema Abdusemed v Lambeth LBC (2016) QBD (Admin) (Ouseley J) 19/02/2016 (Not on Bailli yet. On lawtel as note of extempore judgment). An application for interim relief in a judicial review of Lambeth’s...
View ArticleA Hawarden Kite
Forfeiture of (residential) long leases is a controversial subject: on the one hand, it’s clear that there has to be a practical and accessible route for landlords to enforce covenants, whether as to...
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