Pass me down the wine

The number of letters published in The Guardian on the topic of the law on squatting has now reached two and can therefore be fairly described as an “exchange”. We have already noted Mike Weatherley MP’s letter to The Guardian and I urge you all to read that post. It is a sensitive, sensible, passionate […]

Squatting- A Reply to Mike Weatherley MP

The debate on squatting has become highly polarised and increasingly bad tempered. Mr Weatherley’s salvo is merely the latest in a range of unhelpful comments that make for good newspaper sales but achieve little. It falls to me to open the NL team’s reply. In fairness to Mr Weatherley squatters sometimes fail to do themselves […]

Back in the Consulting Room

The London Borough of Newham is holding a consultation on the introduction of selective licensing accross the whole borough. Selective licensing is a byproduct of the HMO licensing provisions in the Housing Act 2004. It permits a local authority to licence all landlords in a specific area where that area is one of low housing […]

Morris dancing

Bah v The United Kingdom – 56328/07 [2011] ECHR 1448 This is a decision of the European Court of Human Rights on the regulations for eligibility for housing support, after the declaration of incompatibility in Westminster v Morris [2005] EWCA Civ 1184. It is a very significant case, not least because it has a direct […]

Well he would, wouldn’t he?

The mass letter on misrepresentation of trespass will be going out this morning (Monday 26 Sept). The letter will be sent to all the major newspapers, and BBC and ITN news, probably before you read this. The Guardian has what I think is a good article on the letter on the website here and hopefully […]

The assignment that wasn’t.

Haringey LBC v Theobald. Clerkenwell and Shoreditch County Court 7 April 2011 Hat tip to September’s Legal Action ‘Recent Developments in Housing Law’ for this County Court case, and Daniel Fitzpatrick at Hodge Jones & Allen. Not a very significant case but a good illustration of the unintended consequences of the ad hoc arrangements sometimes […]

Service charges and reasonably incurred

Garside and another v RFYC Ltd and another [2011] UKUT 367 (LC) By s.19(1)(a), Landlord and Tenant Act 1985, leaseholders are only liable to pay service charges to the extent that they are reasonably incurred. The property in question has something of an unfortunate history. Following many years of neglect and poor management, the leaseholders […]

It’s easier to get forgiveness than permission

Westbrook Dolphin Square Ltd v Friends Provident Life and Pensions Ltd [2011] EWHC 2302 (Ch) This is probably one of the most factually complicated collective enfranchisement cases imaginable. In outline, as you know, qualifying tenants of flats have the right to force their landlord to sell them the freehold of the property containing their flats. […]

Forms and formalities

Gateway Property Holdings Ltd v 6-10 Montrose Gardens RTM Co Ltd [2011] UKUT 349 (LC) is a rare creature – a decision of the Upper Tribunal (Lands Chamber) on a Right to Manage issue. It also appears to be the UT(LC) debut for HHJ Walden-Smith. As you’ll know, the Commonhold and Leasehold Reform Act 2002 […]

Misrepresenting law on squatting: Draft letter

Things have moved on about the idea of a letter from housing lawyers. A letter has been prepared for housing lawyers and law academics to sign and arrangements are under way for getting it publicity. I’m sending the text of the letter to everyone who contacted me about potentially signing up, so if you did, […]