Monthly Archive for February, 2008

Page 3 of 3

They'll have to wait

By NL on 06/02/2008. 0 Comments

In a sudden rush we have:

Court of Appeal:

Greenwood Reversions Ltd. v World Environment Foundation Ltd. – and – Madhav Mehra [2008] EWCA Civ 47 on forfeiture of lease.

House of Lords:

Majorstake Limited (Respondents) v Curtis (Appellant) [2008] UKHL 10 on definition of premises in the Leasehold Reform, Housing and Urban Development Act 1993.

And one I missed….

Boss Holdings Ltd v Grosvenor West End Properties and Another  [2008] UKHL 5 on the metaphysical question when a house is a house and when it isn’t.

Detailed notes to follow, but frankly, I’m too busy and too tired to do notes tonight. Meh. I’m sure you can wait 24 … Read the full post

Posted in Housing law - All and Leasehold and shared ownership. Tags: , , .

Caroline Flint speaks her brain

By NL on 05/02/2008. 5 Comments

Caroline Flint being brightIn a time when the shortage of social housing is at something of a crisis point, the housing minister has some thinking to share with us. Unfortunately, it is this. (Also BBC news page and the Guardian).

Let us make the rash assumption that this proposal to eject work-shy malingerers from their council tenancies is not an empty piece of vote catching cynicism, in fact let us go so far as to assume she might actually mean it. What we are then left with is something very silly indeed, lacking as it does both carrot and stick for those subject to this return of the un/deserving poor distinction.… Read the full post

Posted in Various (non-housing). Tags: , , , , .

Do you remember the first time?

By NL on 04/02/2008. 0 Comments

Pupil barrister Scribbler encounters a litigant-in-person in action for the first time, and he sounds like a classic of the genre, issuing against multiple defendants ‘so they could come to court to explain themselves’, regardless of whether they actually had much to do with the case.

Of course, it has to be said that there are people who conduct their own cases effectively and with considerable ability, but many are on a crusade for justice, ignoring the eminently sensible cautions set out by Jacquig at Bloody Relations (for family cases, but the general principles apply elsewhere), and all too often the lawyers on one side end up more or less … Read the full post

Posted in Various (non-housing). Tags: , , .

Tenancy and occupation through employment

By NL on 03/02/2008. 0 Comments

Wragg & Ors v Surrey County Council [2008] EWCA Civ 19 is an appeal on the refusal of some Right to Buy applications, but the main issue is when a tenancy falls under Schedule 1, para 2(1) Housing Act 1985, which provides:

“… a tenancy is not a secure tenancy if the tenant is an employee of the landlord or of –
a local authority,
…
and his contract of employment requires him to occupy the dwelling-house for the better performance of his duties.”

Some notes:

An assertion in the contract of employment that the acommodation is provided for the better performance of the employee’s duties is not sufficient to … Read the full post

Posted in FLW case note, Housing law - All, right-to-buy and secure-tenancy. Tags: , , , .

Adverse possession, Art 1 and acknowledgements

By NL on 02/02/2008. 0 Comments

Ofulue & Anor v Bossert [2008] EWCA Civ 7 deals with an adverse possession case prior to the Land Registration Act 2002.

Some notes:

The (then) law on adverse possession does not breach Art.1 Protocol 1, Pye v United Kingdom [2007] ECHR 44302/02 applied. In order not to fall under the Pye margin of appreciation, a case’s results would have to be so anomalous as to render the legislation unacceptable.

Having made a defence to possession proceedings that the occupant is a tenant does not prevent the occupant from having the requisite intention to possess. A person believing himself to be a tenant may still be in adverse possession. The … Read the full post

Posted in Adverse possession, FLW case note and Housing law - All. Tags: , , , .
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