Help 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 villages sell the flats/bungalows/dwellings on long leases. Those leases commonly provide for “event fees”, i.e. obligations to make (substantial) payments when certain events occur. By far the most […]

You 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 analysis is here and our comments are here). Now, as you’ll all remember, the Bill requires local authorities to […]

The law of unintended consequences (or, why everyone needs a housing lawyer)

As you might have noticed, the Housing and Planning Bill had its last day in Committee today in the House of Commons. It was the 15th and 16th (penultimate and final, respectively) sessions. Surely, you might think, this would be the fag-end of the Bill. What controversial material could still fall to be considered? If […]

The Christmas post

As you’ll all know, the NL team all work on the blog for free. We do it because we all really enjoy reading, writing and thinking about housing law and we’re grateful (and a bit amazed) that we’ve found such a receptive audience. Now, we have no plans to start charging and we are certainly […]

Leasehold disputes and costs

Leasehold disputes, like any litigation, are capable of generating significant legal and other professional costs. The position is generally better for freeholders/third party managers than it is for leaseholders in that a well-drafted lease will usually give the landlord/manager a right to recover legal costs, often through a variety of different forms of covenant. These clauses […]

Wales – it’s just more appealing

Clarise Properties Ltd v Rees [2015] EWCA Civ 1118 (Lawtel/Westlaw only from what I can see) is an interesting* permission to appeal decision. It appears that devolution has caused an odd little difference in the test for permission to appeal from the UT(LC) depending on whether the case started in England or Wales. Imagine, if […]

Doesn’t it make you proud to be English?*

The Immigration Bill 2015 has been published and will have a Second Reading in the House of Commons on October 13, 2015. It contains some truly remarkable provisions about housing. But first, short re-cap to remind you how we got to this stage. The Immigration Act 2014 introduced the concept of the “right to rent”. […]

Service charges, costs and the FTT(PC)

Service charge disputes in the FTT(PC)/LVT are generally regarded as a “no” or “low” costs proceedings. The Tribunals have very limited powers to award costs. In general terms, the FTT(PC) can award unlimited sums in respect of either wasted costs or unreasonable behaviour (r.13, FTT(PC) rules), whilst the LVT (as it remains in Wales) can […]

What a relief!

Although it is a commercial property case, Freifeld v West Kensington Court Ltd [2015] EWCA Civ 806, is of interest and relevance to residential landlord and tenant law as well, as the Court of Appeal grapple with the approach to be taken to granting relief from forfeiture in the case of intentional breaches of covenant, […]

Legal Aid Merits Test

With thanks to James Stark at Garden Court North for alerting me to this. From Monday (27.7.15) there is an important amendment to the Legal Aid merits test in S.I. 2015/1571. In short, “borderline” and “poor” cases are back in scope if it is necessary to prevent a breach of a persons Convention rights or […]