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A brief note to highlight some unexpected amendments that have been tabled to the Localism Bill. The latest marshalled list includes new sections which are designed to make amendments to the Housing Act 2004 and specifically to the tenancy deposit protection...
Fineland Investments Ltd v Janice Vivien Pritchard [2011] EWHC 113 (Ch) From Lawtel. Not on BAILII yet. This is a slightly sad tale involving the exercise of right to buy by a council tenant. Ms Pritchard had entered into an agreement with Fineland whereby...
Gemma Shepley v Majid Yassen, Tameside County Court, Thursday 13th January 2011 (Unreported) The above case on the, increasingly litigated, tenancy deposit protection provisions was brought to our attention and is of particular interest as it specifically...
A brief note to point out the Fire Safety (Protection of Tenants) Bill 2010-11, which is currently working through the House of Commons. This is Private Members Bill which had its first reading on 30 June 2010 (we were a bit slow picking it up, sorry) and is...
Sibthorpe & Morris v LB Southwark [2011] EWCA Civ 25 Champerty and maintenance are two common law doctrines relating to the funding of civil claims. They were, at one time criminal offences, but now survive only as a matter of public policy. Briefly,...
Fearns (t/a "Autopaint International") v Anglo-Dutch Paint & Chemical Company Ltd & Ors [2010] EWHC 2366 (Ch) This case was mentioned in the most recent edition of Legal Action's Housing law update but it is not a housing case. Bear with Legal Action...
Tiensia v Vision Enterprises Ltd (t/a Universal Estates) [2010] EWCA Civ 1224 (11 November 2010) This is the long awaited Court of Appeal decision on tenancy deposit protection. It is a conjoined appeal of Universal Estates v Tiensia and Honeysuckle...
Staying with the prosecution theme, LACORS, or (somewhat less snappily) Local Government Regulation as it is now called, has published a round-up of recent HMO related prosecutions. It makes for fairly grim reading. The maximum fine for failure to have an...
According to the website of Oxford City Council a landlord has been jailed for three months for unlawful eviction. Mr Kenston McIntosh received three months after pleading guilty at Oxford Crown Court on 29 October 2010. Undoubtedly the sentence was...
QFS Scaffolding Ltd v Sable & Anor [2010] EWCA Civ 682 For those who can tear themselves away from the Supreme Court we offer this case which we somehow missed from the summer (possibly due to too many holidays!). Mr & Mrs S had let a builder yard in Slough...
Relatively few appeals to the RPT reach the Lands Tribunal. However decisions in two have recently been published on their website. Hanley v Tameside Metropolitan Borough Council is an appeal against the service of a Prohibition Order. These Orders are made...
We have previously posted on the introduction of the requirement for planning consent for Houses in Multiple Occupation, introduced by the outgoing Labour government as one of their last acts. This is now set to be undone with the laying before Parliament of...