Of Penalties and Possession

Charalambous & Anor v Maureen Rosairie Ng & Anor [2014] EWCA Civ 1604 The Court of Appeal has again thrown the cat among the tenancy deposit protection pigeons. In Charalambous it had to grapple with the, admittedly fairly rare scenario, of a deposit taken entirely before the tenancy deposit protection schemes came into force where […]

Stop Retaliating!

The Tenancies Reform Bill has now been formally published following its second reading. The Bill has changed substantially from the original version that was put forward by Sarah Teather MP and drafted by Shelter. We commented on the Bill before as we had seen the version produced at first reading. The Bill has now benefitted […]

Angels Dancing on the Head of Anti-Social Behaviour

Telchadder v Wickland Holdings Ltd [2014] UKSC 57 I will admit to being a bit cool on static caravan parks. I used to live in an area surrounded by them and could never understand why people would want to holiday in them, much less live in them permanently. I get that they appear to represent […]

Spencer v Taylor- Some Analysis

m4s0n501 We have already reported briefly on the Supreme Court decision to refuse permission to appeal to the tenant in the case of a Spencer v Taylor on the grounds that no new points of law were raised. As the solicitor acting for the landlord in the Supreme Court I have had the chance to […]

The UT Repays Again

Fallon v Wilson & Ors [2014] UKUT 0300 (LC) The Upper Tribunal has again found itself considering the issue of Rent Repayment Orders and has provided some further enlightenment on its position after the case of Parker v Waller (which we wrote about here). Background Mr Fallon had been convicted of operating a property without […]

Early Compliance

Tummond, R (on the application of) v Reading County Court & Anor [2014] EWHC 1039 (Admin) This is a slightly surprising case involving a judicial review of refusal of permission to appeal. Facts T was an Assured Shorthold Tenant of a property. His tenancy began on 18 December 2012 and was for 6 months. He […]

When is a storey not a storey?

The answer appears to be when it is only for access! Bristol City Council v Digs (Bristol) Ltd [2014] EWHC 869 (Admin) We first reported on this case briefly as a decision of the Bristol Magistrates Court. It has now been appealed by way of case stated and so the High Court has produced a […]

The Permissive Notice

Spencer v Taylor [2013] EWCA Civ 1600 This case was flagged recently on the Arden Chambers eflash service. This flash gave some bare bones details and led to much debate on the internal NL email discussion list. However, we now have the vital transcript and so we can give a proper report. [Update 11/12/13 - […]

Partial Regulation Partially Begins

We have previously commented (fairly negatively!) on the plans to introduce compulsory membership of redress schemes for lettings and property management agency work which appeared at the last minute in the Enterprise and Regulatory Reform Act 2013. Slightly surprisingly (actually it isn't, that was a rhetorical device) the government has, instead of producing the consultation […]

Half a Storey is no Storey at All*

News has reached us from RH Environmental of a case in Bristol Magistrates on HMO licensing and the counting of storeys. Unfortunately it is not binding but it is nonetheless interesting. The case involves the licensing status of a two storey maisonette on the first and second floor of a property. There was accordingly (as […]