One Statutory Instrument to rule them all
The new First-tier Tribunal (Property Chamber) is – almost – here (we’ve been warning you about this for a while, see, e.g. here).On July 1, 2013, the new tribunal will burst forth into the world...
View ArticleAsk nicely
In R (Spaul) v Upper Tribunal (Lands Chamber) (Lawtel note only, Admin Ct, 22.5.13 – wrongly noted as being the UT(Administrative Appeals Chamber) we have an odd little case. As you may know, cases in...
View ArticleNot in my court
Forfeiture is, for the most part, beloved by landlords and hated/feared by tenants. For what might be relatively minor breaches of covenant, you can lose your lease and the landlord make an enormous...
View ArticleLeasehold round up
We do try here to keep on top of the work of the UT(LC) and so I bring you the following for your delight and enjoyment.First up comes Triplerose Ltd v (1) Grantglen Ltd (2) Cane Developments Ltd...
View ArticleNotice me
Riniker v Mattey , Divisional Court, June 7, 2013 (Lawtel note only) is another odd little service charge case. The note isn’t entirely clear but, so far as I can see, it concerns the little-used...
View ArticleNo more than a statistic
There have been a number of priority need cases in the Court of Appeal recently and Johnson v Solihull MBC, June 6, 2013, unreported [from a lawtel note] is another one.Mr Johnson was 37 years old. He...
View ArticleWhen is an insurance premium reasonably incurred?
In Avon Estates (London) Limited v Sinclair Gardens Investments (Kensington) Limited [2013] UKUT 0264 (LC) [not online yet we have a transcript] the Upper Tribunal considered the question of whether an...
View ArticleDeposit received, one way or another
There are still some questions to be cleared up on tenancy deposit law and this Court of Appeal case neatly deals with one of them, while opening up what might be a very large can of worms.Superstrike...
View ArticleGateway B and Equality Act – summary hearing?
A quick note on an ongoing County Court case that raises some interesting questions. (As it is an ongoing case, all apparent statements of fact are as set out in the judgment and should be taken as...
View ArticleThere’s no place like home
Reading BC v Holt is an important case on the approach to be taken by the courts when making possession orders under Ground 16 (and since 1/4/12, 15A) of the Housing Act 1985.Mrs Holt has occupied 28...
View ArticleLeasehold repair covenants and damages
Hunt & Ors v Optima (Cambridge) Ltd & Ors [2013] EWHC 681 (TCC)This is a brief note on what was a complex case arising out of what, by any measure, appears to have been a very poor construction...
View ArticleYesterday’s just a memory
In honour of the birth (in England) of the new FTT(PC), I bring you a little note about case from the UT(LC), all about forgetting old things.Jastrzembski v Westminster CC [2013] UKUT 284 (LC) concerns...
View ArticleMcFail
Malik v Fassenfelt & Ors [2013] EWCA Civ 798The idea that an Englishman’s home is his castle is firmly embedded in English folklore and it finds its counterpart in the common law of the realm which...
View ArticleJR and Costs
A quick note on a recent judgement of the Court of Appeal on an application for costs following a settled judicial review: Emezie v SSHD. The Appeal was brought by Ms Emezie against Mostyn J’s...
View ArticleNot pending this appeal
Zak Johnson v City of Westminster [2013] EWCA Civ 773 [Not on bailii yet, transcript on Lawtel]When bringing a second appeal to the Court of Appeal from a section 204 Housing Act 1996 appeal to the...
View ArticleLeasehold update
Those of you who follow the leasehold update religiously will note that J usually takes care of these things, but not this month. I have the pleasure of that.First, we have Triplerose Ltd v Bishun...
View ArticleLaw Commission Draft Programme
The Law Commission is currently consulting on what projects it might take on under its next law reform programme. It has a few specific suggestions in relation to landlord and tenant law and is...
View ArticleConfirming my irrational prejudice
I’ve never liked the Gower. I recognise that, objectively, it’s quite beautiful, but it was ruined for me by a camping holiday as a child. It was cold and wet. The rain was almost biblical in volume....
View ArticleNo-one to talk to
BDW Trading Ltd v South Anglia Housing Ltd [2013] EWHC B10 (Ch) is important and deserves much wider coverage than it has otherwise got.Before turning to the facts, lets just remind ourselves of the...
View ArticleWater, water everywhere…
There are those who say that service charges are a dry subject. To them I say, welcome to Wallace-Jarvis v (1) Optima (Cambridge) Ltd (2) Khazai [2013] UKUT 328 (LC).The leaseholders at a development...
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