Monthly Archive for April, 2009

Redolent of Improbability

By J on 30/04/2009. 0 Comments

I don’t think there is any significant point of law or practice in Lemas and Sealy v Williams [2009] EWCA Civ 360, but it is a strange case (although one suspects many readers will have been involved in similarly chaotic cases at one stage or another) and worthy of a short note.

Mr & Mrs Lemas were, at one time, the joint registered proprietors of a house, with a mortgage secured in favour of Abbey National. Mr Lemas got into financial difficulties and was made bankrupt. Despite that, Mr Lemas managed to arrange for the sale of the property to Mr Sealy. Before that sale could be completed, Abbey National … Read the full post

Posted in FLW case note, Housing law - All and Trusts and Estoppel. Tags: , , .

Tenancy Deposit – it gets worse

By NL on 29/04/2009. 6 Comments

Hat tip to Tessa at Landlord Law for this. There are reports on various tenant/landlord forums of tenants losing Housing Act 2004 claims for 3x deposit on unprotected deposit/lack of notification cases where the landlord has returned the deposit to the tenant prior to hearing. Here’s an example.

This approach relies on the wording of s.214, specifically:

(2) Subsections (3) and (4) apply if on such an application the court—
(a) is satisfied that those requirements have not, or section 213(6)(a) has not, been complied with in relation to the deposit, or
(b) is not satisfied that the deposit is being held in accordance with an authorised scheme,

… Read the full post

Posted in Assured Shorthold tenancy, Deposits and Housing law - All. Tags: , , , .

Request for info

By NL on 28/04/2009. 0 Comments

Garden Court’s bulletin of 27 April includes a case note, Thornhill v Sita Metal Recycling Cambridge Ltd [2009] All ER (D) 162, on nuisance, possession of and interest in land. The upshot being that the nature of a claimant’s legal interest in land is by the by for a claim in nuisance, assuming that they are in possession of the land. Granted this is strongly suggested in Hunter v Canary Wharf, but unusual to see a judgment specifically on the topic.

It isn’t on Bailii or indeed Lawtel yet. I’d very much like to do a note on it (and it could also be very useful for me right … Read the full post

Posted in Housing law - All, Nuisance and Possession. Tags: , .

Constructive trust and misrepresentation

By NL on 28/04/2009. 0 Comments

Qayyum v Hameed & Anor [2009] EWCA Civ 352 is a case with a complicated background – it originated in the collapse of BCCI, for heaven’s sake – but thankfully, the issues in this appeal were relatively straightforward, if novel.

In 1991 Mr & Mrs Qayyum jointly purchased a house. In July 1991, Mr Q declared in a deed that he held his interest on trust for Mrs Q absolutely and covenanted to execute a transfer if called upon to do so. The deed was not stamped, but apparently on the undertaking of Mrs Q’s solicitors to do so, this was not an issue.

In 2003, in litigation against Mr … Read the full post

Posted in FLW case note, Housing law - All and Trusts and Estoppel. Tags: , , , .

Tenancy Deposit on 'Renewal of Tenancy'

By NL on 23/04/2009. 16 Comments

Our grateful thanks to the Painsmith blog again for news of another Tenancy Deposit case (and for giving me something to write about in these case bereft times).

This is a County Court case on the issue of ‘renewal’ of a tenancy that started before April 2007 and the introduction of the tenancy deposit rules. Where a deposit was taken for a tenancy prior to April 2007 there is no requirement for it to be protected. But when the tenancy is subsequently ‘renewed’ – actually a new assured shorthold tenancy – but the deposit ‘held over’ from the previous tenancy, does the deposit need to be protected?

This has been … Read the full post

Posted in Assured Shorthold tenancy, Deposits, FLW case note and Housing law - All. Tags: , , , .

Miscellany

By NL on 21/04/2009. 0 Comments

In the continuing absence of anything like actual case law, here are some news items and catch up bits on previous stories.

The Government has announced the availability of its Homeowner Mortgage Support Scheme. This is available for those with mortgages up to £400,000 and savings under £16,000, who have suffered a sudden drop in income. They must currently have mortgages with a limited list of providers (Lloyds Bank Group which includes Halifax and Bank of Scotland, Northern Rock, the Royal Bank of Scotland which includes NatWest and Ulster Bank, Bradford and Bingley, Cumberland Building Society, and the National Australia Bank Group which includes Clydesdale and Yorkshire Bank. So, … Read the full post

Posted in Housing law - All and Various (non-housing). Tags: , .

Searching around …

By Dave on 20/04/2009. 0 Comments

NL set a kind of challenge.  There hasn’t been anything interesting I could find, but there is a kind of footnote to allocations by way of a circular issued by CLG under section 169, Housing Act 1996, to honour a commitment made to members of the armed services and to give guidance on the application of s 315, Housing and Regeneration Act 2008 (which redrew the local connection boundary in respect of service personnel). Para 5 of the Circular says that service personnel who are seriously injured or disabled in action should be given a “high priority” in recognition of their service. And para 8 says that where authorities use … Read the full post

Posted in Allocation and Housing law - All. Tags: , .
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