Monthly Archive for January, 2012

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Even more exciting

By J on 23/01/2012. 0 Comments

The GLA has been conducting a review of service charges in London (see here for our piece on the original announcement) and, earlier today (Monday, January 23, 2012), held an oral evidence session at City Hall. I couldn’t make it, sadly, but did manage to watch most of it online (the joys of modern technology). The recorded version should be available here, shortly. It was a very impressive debate with considered and intelligent contributions and I recommend it to you. If you have children who can’t sleep, I also recommend it to them.

 

 

 

 … Read the full post

Posted in FLW article and Leasehold and shared ownership.

No comparing

By NL on 23/01/2012. 0 Comments

When considering ‘general housing circumstances in the area’ under Housing Act 1996 s.177(2) on a s.202 review, can the review officer conduct a comparative exercise?

A s.204 appeal decision in Chawa v Kensington and Chelsea RLBC (Central WLondon County Court 19 July 2011), suggests that the answer is no.

MS C and her 11 year old son were living in a private rental studio flat. She applied as homeless, but K&C decided that despite the overcrowding it was reasonable for her to continue to occupy the flat. On review, the review officer upheld the decision. The review decision took into account general housing circumstances in the area, and described this … Read the full post

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

The best thing in life is free

By J on 22/01/2012. 0 Comments

But, like John Lee Hooker, I need money. It’s one of the reasons (a) I keep a close eye on costs cases and (b) I don’t get involved in the never-ending attempt by law students to get us to teach them about constructive trusts on this blog. Plantation Wharf Management Co Ltd v Jackson and another is a case that falls under the first category. No students here.

Whether a lease allows for recovery of legal costs is not usually a straight-forward proposition. in Sella House Ltd v Mears [1989] 1 EGLR 65, the Court of Appeal indicated that, in general terms, one would need to find a clause … Read the full post

Posted in FLW article, Housing law - All, Leasehold and shared ownership and Uncategorized.

I watch the ripples change their size

By J on 22/01/2012. 0 Comments

…. with the words of Mr David Bowie ringing in my ears, I bring you a decison of the Upper Tribunal (Lands Chamber) all about changes and how and when to make them. In Re: 167 Kingshurst Road [2012] UKUT 4 (LC), the Upper Tribunal was dealing with an appeal against a decision of the Midland LVT  in a case under the Leasehold Reform Act 1967. As you’ll know, the 1967 Act lets certain long leaseholders of houses either acquire the freehold or purchase an extended lease. In the present case, the LVT determined that the price payable for the freehold purchase would be £10,878.

The landlord was dissatisfied with … Read the full post

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

Proportionality and stay of eviction

By NL on 22/01/2012. 2 Comments

One of the questions posed as a result of Hounslow LBC v Powell [2011] UKSC 8 [our report here] is what happens if a proportionality argument is raised after a possession order has been made, but before eviction.

Powell found that s.89 Housing Act 1980, which limits the time for a stay of possession order to a maximum of 6 weeks, was compatible with Article 8. So, once a possession order has been made, does the court have any discretion to revisit or extend a period of stay beyond 6 weeks?

Ngesa v Crawley BC [2011] EWCA Civ 1291 [Not on Bailii yet] addresses this issue, though perhaps … Read the full post

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

When is a warrant executed?

By NL on 21/01/2012. 1 Comment

Royal Bank of Scotland v Bray Halifax County Court 25 November 2011

At what point in the course of an eviction and securing of a property is the warrant considered to be executed, so that no application for a stay can be made? This is a County Court case, but the Court’s decision is clear and supported.

Mrs Bray’s home was mortgaged to RBS. RBS had obtained a possession order and had obtained, then withdrawn 5 previous warrants. RBS got a further warrant. Before the eviction date Mrs B wrote to RBS offering to clear the arrears at lunchtime on 18 November 2011 as she had sold her car and … Read the full post

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

Full of Sound and Fury…

By NL on 19/01/2012. 1 Comment

Signifying nothing*

(*And yes, I am aware that the preceding line is ‘A tale told by an idiot’.)

The much trumpeted Wandsworth riot related eviction has stalled even before possession proceedings were issued. According to a press release from Liberty, following a meeting with the tenant’s legal representatives (the tenant is represented by Liberty), LB Wandsworth agreed not to bring proceedings.

If you recall (and here is our very first take on the matter, written on the day of the press release and subsequent service of Notice Seeking Possession by Wandsworth), the son of the tenant was charged with riot related offences. The son has now been sentenced … Read the full post

Posted in ASB, FLW case note, Housing law - All, Possession and secure-tenancy.
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