Fiddler under the roof

Yeung v Potel & Anor [2014] EWCA Civ 481

A Court of Appeal case on the problems with the edges of demises and reserved rights of access, involving, in this case, a land grab above a ceiling and a demand to access the flat above.

Flats 3 and 4 were part of a 4 storey building. Flat 3 lay directly under flat 4. The Claimants/Respondents owned the lease of Flat 4 and the Defendant/Appellant Flat 3.

Problems arose when Dr Y, the Defendant/Appellant, started works in Flat 3.

In November 2008 the defendant commenced major building works in his flat. He did not give notice to the claimants of what

Read the full post

Posted in FLW case note, Housing law - All, Leasehold and shared ownership, Nuisance | Tagged , |

You don’t just walk away

R (Twelve Baytree Ltd) v Rent Assessment Committee [2014] EWHC 1129 (Admin) is that rare beast – a judicial review of the LVT (as it was; FTT(PC) as it is now). It concerns how you withdraw a Right to Manage claim. I confess, when I first heard about this case, I had thought it would be more interesting than it has turned out to be.

By way of background,the Right to Manage is, as you know, a right for qualifying leaseholders of flats to form an RTM company and, in broad terms, take over the management of the block of flats. The RTM company serves a claim notice and, if … Read the full post

Posted in FLW case note, Housing law - All, Leasehold and shared ownership | Tagged , , |

Gonna get myself arrested

Maunder Taylor v SHG-SH20 Ltd 3CL02066 is one of the more interesting (and potentially, important) county court cases I’ve come across recently (transcript not publicly available; I’ve got one and am trying to persuade the Landlord and Tenant Reports to publish it). For reasons that will become clear, it has wider significance for LVT/FTT cases and although only a county court judgment, it is by HHJ Walden-Smith who is herself a judge of the UT(LC); not binding authority, I accept, but persuasive and important.

The case concerns the powers of the FTT/LVT under the Landlord and Tenant Act 1987. As you may know (and, if you don’t know, this excellent Read the full post

Posted in FLW case note, Housing law - All, Leasehold and shared ownership | Tagged , , , |

Spoiling the Broth

Blake and others v LB Waltham Forest [2014] EWHC  1027 (Admin) is a judicial review challenge to the local authority’s decision to terminate a licence held by Christian Kitchen (the 3rd Claimant) to operate its soup kitchen out of the Mission Grove Car Park, Walthamstow, London, E17.

The soup kitchen has been providing hot meals and refreshments to local homeless people on a nightly basis for the past 25 years and it has occupied its current site for the last 20 years. The Council issued its decision to terminate the kitchen’s licence on 17/4/13 as part of its urban regeneration programme. There were also concerns that the site had become … Read the full post

Posted in Housing law - All, Licences and occupiers, Possession |

Disrepair: La luta continua!

2013 was a difficult year for claimant disrepair. Changes in legal aid funding have made it all but impossible to pursue a disrepair claim under legal aid alone, as funding is only available for an order to carry out repairs to where there is serious risk to health or well being of the tenant or other occupiers, and not for further repairs or the damages claim (although full funding remains for a counterclaim to a possession claim, which can be brought after the possession order).

For those carrying out disrepair claims under Conditional Fee Agreements, success fees ceased being recoverable from the Defendant, as did ATE premiums, but, despite … Read the full post

Posted in Assured Shorthold tenancy, assured-tenancy, Disrepair, FLW case note, Housing law - All, Leasehold and shared ownership, Nuisance, secure-tenancy | Tagged , |

Disrepair: Damp and quantum

Following on from this post on disrepair counterclaims and as a precursor to a substantial post on disrepair quantum to follow very soon(ish), this is a County Court Judgment on an assessment of quantum hearing on 28 March 2014 (there was a default judgment in October 2013).

Clark v Affinity Sutton Homes Ltd. Barnet County Court 4 April 2014.

Mr C was the assured tenant of ASH since 2004. The property was a one bedroom flat with an initial weekly rent of some £66.

There were problems with damp at the property. The expert’s report of May 2013 found:

[a] Leaking within the vicinity of the bathroom

[b] Dampness internally

Read the full post

Posted in assured-tenancy, Disrepair, Housing law - All | Tagged , |
css.php