Monthly Archive for September, 2011

Page 2 of 2

It’s easier to get forgiveness than permission

By J on 24/09/2011. 1 Comment

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. They have to appoint a nominee purchaser for this purpose, which, in practice, is usually a company formed by the leaseholders for this purpose. The process involves the leaseholders serving an initial notice, setting out why they say that they are entitled to acquire the freehold. The freeholder then has an option to serve a … Read the full post

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

Forms and formalities

By J on 18/09/2011. 0 Comments

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 created a “no fault” right to manage process, whereby qualifying leaseholders of residential buildings could acquire the management of their building via the vehicle of an RTM company. The process starts with the formation of the RTM company (often by a number – but rarely all – of the leaseholders) and then, before giving notice … Read the full post

Posted in FLW case note, Leasehold and shared ownership and Uncategorized. Tags: , , .

Misrepresenting law on squatting: Draft letter

By NL on 17/09/2011. 4 Comments

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, you should get it shortly.

Anyone else (lawyers and law academics) who would consider signing a letter protesting the misrepresentation of the current law of trespass on the issue of squatting by newspapers and Ministers, please email me at contact@nearlylegal.co.uk so that I can send you the text of the letter.

More on this as … Read the full post

Posted in FLW article and Housing law - All.

On legal aid and letters pages: bits from last week

By NL on 11/09/2011. 14 Comments

Some bits and pieces from the last week that didn’t quite fit in elsewhere.

First – developments in the Legal Aid, Sentencing and Punishment of Offenders Bill.

At the committee stage a large number of amendments were tabled, both by the Government and by the opposition. The opposition amendments would have introduced a revised definition of domestic violence, in line with Yemshaw, and brought benefits and debt advice back within scope.

All the opposition amendments fell. The Government amendments make three changes, described by the MoJ as follows:

The first change disapplies the exclusions for trespass to land, trespass to the person, trespass to goods, damage to property and

… Read the full post

Posted in Disrepair, FLW article, Housing law - All, Possession and Unlawful eviction and harassment. Tags: .

Some footnotes: Helden v Strathmore

By Dave on 07/09/2011. 0 Comments

Helden v Strathmore [2011] EWCA Civ 542 contains lots of useful footnotes and pointers on different issues, so it’s worth a read.  In this note, I’m going to focus on two such footnotes, which have a bearing on issues with which it’s fair to say make me cross: the ambit of section 2, Law of Property (Miscellaneous Provisions) Act 1989; and the basis for a lender’s costs in seeking possession when there is no express provision in the mortgage terms.  The Court of Appeal got the answers absolutely spot-on in Helden.  The actual facts for the purposes of those footnotes are largely irrelevant so, if you’ll forgive me, I … Read the full post

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

Helpful Housing Hints

By NL on 05/09/2011. 2 Comments

Two, quite distinct, bodies have put out some free guides.

The DCLG have released some booklets aimed at private landlords and tenants, giving guidance on requirements and best practice:

Top Tips for Tenants: Assured Shorthold Tenancies
Top Tips for Landlords: Assured Shorthold Tenancies
And
Fact Sheet: Gaining possession of a properly let on an AST

Meanwhile, HLPA (the Housing Law Practitioners Association, in case you didn’t know) have put out some free FAQs on a number of the common but potentially tricky questions that housing advisors can face, including: eligibility for the EEA unemployed; section 21 notice periods; termination of temporary accommodation provided under the full housing duty; suspension … Read the full post

Posted in FLW article and Housing law - All.

Three for the LVT mavens

By J on 05/09/2011. 1 Comment

I promised to write the second of these case reports a week ago. Mea culpa. Still, by delaying, I’ve managed to find two other cases to include. So, without further ado…

Ayres and others v Roberts and others

In All’s Well That Ends Well (Act.1, Scene 1), Shakespeare urges us to “love all, trust a few.” Wise words indeed, and very apt for the case of Ayres and others v Roberts and others CHY09726 (Central London CC; transcript via Westlaw), where HHJ Cowell has pointed out that the LVT is sending misleading and legally inaccurate information to litigants. How so? Well…

The Leasehold Reform, Housing and Urban Development Act … Read the full post

Posted in FLW case note, Housing law - All, Leasehold and shared ownership and Uncategorized. Tags: , , , .
row of sheds footer image
2 pages