Housing law news and comment
The transition hopefully appeared to be seamless, although there was a certain (considerable) amount of behind the scenes swearing. We are now on a larger and probably faster server.
Our very grateful thanks to Tessa Shepperson of the landlord law blog who made it all possible…… Read the full post
McHale v Earl Cadogan [2010] EWCA Civ 14 is, it’s safe to say, probably not going to be one of the most discussed cases on NL this year, but we are nothing if not comprehensive and couldn’t fail to write it up.
Collective enfranchisement is the process whereby qualifying tenants of flats of buildings can force their freeholder to sell the freehold to their nominee purchaser (often, but not always, a company established by the leaseholders for this purpose). The relevant statutory provisions are found in Chapter 1, Leasehold Reform, Housing and Urban Development Act 1993. If the parties cannot agree the price to be paid for the purchase of … Read the full post
The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 has just been laid before Parliament in draft form, to come into effect on April 1, 2010. A copy is available here.
In short, it makes it compulsory for local authorities which provide or intend to provide social housing to register with the TSA.
In addition, in what I can only presume is some misguided attempt to minimise Weaver, RSLs in England will now be known as “private registered providers” in contrast to “registered providers” as the 2008 Act originally provided.
Come on DCLG – if you want to get around Weaver you’ll have to … Read the full post
BAILII has recently added a case from November 2008. In Chohan v McManus [2008] EWCA Civ 1657 the Court of Appeal was considering what constituted occupation of premises for the purposes of an Assured Tenancy.
The facts were that Mr McManus occupied a room in a property owned by Mr Chohan on the basis of an Assured tenancy from about 1993. This was undisputed. What was disputed was the suggestion by Mr Chohan that Mr McManus had vacated the property towards the end of 2001 and had stopped paying he rent. It was then suggested that Mr McManus had returned in April 2002 and asked if he could move back … Read the full post
We’re changing servers over the next few days. Hopefully you won’t see too much disruption, but there is always the chance things might go horribly wrong. So if the site vanishes, don’t panic, it should be back in about 3 or 4 days. Email may be iffy too.
See you on the other side.… Read the full post
The January 2010 Housing updates in Legal Action have some County Court case reports that hadn’t reached us. You will naturally have already read them in Legal Action, but for our archives…
Tenancy Deposits
O’Brien v Hill Barnet County Court 22/09/2009
Mr O’Brien granted Mr Hill a 12 month AST on 9 June 2008. He served a s.21 Notice on 12 June 2008. On 2 July 2008, the landlord received the payment of the deposit from Barnet Council, which had agreed to pay the deposit on Mr Hill’s behalf, and the deposit was protected on 7 July 2008. Some time later Mr O’Brien brought accelerated possession proceedings relying on the … Read the full post
‘What!’ I hear you say, ‘wasn’t the final Jackson report on costs released on 14 January?’
Why yes it was. All 584 pages of it. But amid the headlines about scrapping CFA success fees and recoverable ATE insurance premiums, introducing contingency fees, and of course fixed costs for the fast track, for housing lawyers it comes down to a few paragraphs which largely amount to… wait and see. Here, filleted for your ease and comfort are what look like the key bits to me.
Jackson LJ notes that housing law is a hideously complicated mess (my paraphrase), that this is likely to push up litigation costs, and that the … Read the full post
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