Monthly Archive for October, 2011

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Service charges ad infinitum

By J on 17/10/2011. 1 Comment

The Upper Tribunal is hearing what might turn out to be quite an important s.20, LTA 1985 dispensation case today (LB Southwark v over 13,000 leaseholders in the borough (our note here) and, as ever, we’ll bring it to you as soon as we have news of the result. In the meantime, the UT(LC) has been hard at it with two more cases, starting with LB Newham v Hannan and others [2011] UKUT 406 (LC).

Newham had tried to consult leaseholder in respect of a qualifying long term agreement (see s.20, LTA 1985) under which various works to 71 tower blocks would be carried out. The works were … Read the full post

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

Shaken and Stirred

By NL on 16/10/2011. 0 Comments

Jones & Anor v Ruth & Anor [2011] EWCA Civ 804

We missed this one when it came out in July 2011. Not sure why – sorry. This was an appeal of a claim in nuisance, trespass, harassment and personal injury. The claim arose out of building works on an adjoining property. The appeal is worth looking at on issues of quantification of damages for trespass and the foreseeability of personal injury.

Jones and Lovegrove owned a 3 storey terrace at 105 Lower Thrift Street. Mr & Mrs Ruth owned 103 and 101 Lower Thrift Street, both originally two storey terraces. Between 2002 and 2007, the Rs gutted and rebuilt … Read the full post

Posted in Disrepair, FLW case note, Housing law - All, Nuisance and Unlawful eviction and harassment.

HB Changes: Lawful but what impact?

By Dave on 14/10/2011. 0 Comments

We have previously covered the changes to housing benefit (HB) introduced by the Con-Dems and the DCLG’s concerns over them as well as those of certain London boroughs.  In truth, nobody really quite knows what the “impact” of those changes will be, but we can pretty likely surmise that some rents will become unaffordable, certain areas will be “cleansed” of HB applicants, landlords may become (even more) wary of letting to HB applicants, there may be a knock-on effect on homelessness applications.  One thing which also may be guaranteed is that there will be unintended effects – as socio-legal scholars describe it, there will be a gap between the … Read the full post

Posted in Benefits, FLW case note and Housing law - All.

Contracts and public law: The Cornwall case

By Dave on 10/10/2011. 7 Comments

Charles Terence Estates Ltd v Cornwall Council [2011] EWHC 2542 (QB) (subnom oh dear, oh dear)

Forgive the length of this note, but this seems to be a significant case with potentially far-reaching ramifications.  The judgment of Cranston J (in my view) is mostly spot-on and hugely learned (see well below for an appreciation).  It will be interesting to see whether this case goes further – my insider information is less than clear on the prospects of an appeal.  For what it’s worth, my view is that an appeal would likely be unsuccessful but important in providing clearer lines about the fiduciary duty and capacity issues discussed below, as well … Read the full post

Posted in Benefits, FLW case note, Homeless, Housing law - All and Regulation and planning.

Trial Separation

By Francis Davey on 08/10/2011. 1 Comment

Quigley v Masterson [2011] EWHC 2529 (Ch) raises an interesting point about the severance of a beneficial joint tenancy.

The background is sadly familiar. The late Mr Pilkington formed a relationship with Mrs Masterson. They lived together in a house as joint legal and beneficial tenants. Their relationship broke down and Mrs Masterson (together with a daughter from a previous marriage) moved out.

Since he was 16 years senior to Mrs Masterson, it is not surprising that it was his (or his legal advisor’s) mind that first turned to severance of the joint tenancy. His solicitors attempted to do so by notice under that section familiar to all law students: … Read the full post

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

Mental Capacity Act and Tenancy: An open question

By NL on 06/10/2011. 12 Comments

I have had a question from the editor of the Small Places blog, which is a very fine blog on human rights and community care, with attention to Court of Protection matters. I think it is a question which might benefit from the assembled housing law mavens who read NL from time to time.

The question concerns the position of someone lacking capacity under the Mental Capacity Act 1985 when an independent tenancy is sought. There is conflicting guidance and threatening case law to deal with.

The starting point is that someone lacking capacity cannot enter into a binding contractual agreement, including a tenancy.

The frequent advice of local authorities … Read the full post

Posted in Assured Shorthold tenancy, Community care, FLW article and Housing law - All.

It’s like waiting for a bus

By J on 06/10/2011. 0 Comments

The Upper Tribunal (Lands Chamber) appears to have had a sudden burst of efficiency, churning out judgments at over one a week. It wasn’t that long ago that I can remember one a month being considered an efficient turn over. The reason, it appears, is that more judges have been appointed (hurrah!). So, without further ado, we come first to Church Commissioners v Derdabi [2011] UKUT 380 (LC).

The appellants were the freeholders of a property in London and the respondent was their long leaseholder. In June 2010, the appellants issued proceedings in the county court in respect of unpaid service charges from 2007-2010. The respondent defended the proceedings on … Read the full post

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