Author Archive for J

But that isn’t what it says…

By J on 15/05/2012. 6 Comments

[Edited 16/05/2012 to correct the s.47(2) point]

Beitov Properties Ltd v Elliston Martin [2012] UKUT 133 (LC) is, I suspect, going to cause some sleepless nights for managing agents of long leasehold properties (and, possibly, some other agents and landlords).

Section 47, Landlord and Tenant Act 1987 applies to all demands for rent (whether ground rent or “normal” rent), service charges and administration charges. It requires that all written demands for payment of such sums must “contain… the name and address of the landlord and… if that address is not in England and Wales, an address in England and Wales at which notices… may be served on the landlord by … Read the full post

Posted in FLW case note and Leasehold and shared ownership.

Reasonable houses ad nauseum, ad infinitum

By J on 08/05/2012. 3 Comments

Magnohard Ltd v Cadogan and others [2012] EWCA Civ 594 is yet another case dealing with whether a property can be a “house reasonably so called” and, hence, capable of being enfranchised under the Leasehold Reform Act 1967. There is quite a lot of law on this topic, although the leading case is probably Tandon v Trustees of Spurgeon Homes [1982] AC 755. In essence, if a proerpty can reasonably be considered to be a house, then it is for these purposes (even if it could, equally reasonably) be called something else. Hence properties which look like houses but now have some (possibly substantial) commercial units can be enfranchised. It is … Read the full post

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

Tibbles the Destroyer

By J on 30/04/2012. 3 Comments

The Stephens Island Wren is no more. It has gone. Extinct. Wiped out. Destroyed. And, at least according to folklore, by a cat named Tibbles. That’s not really relevant to the case of Tibbles v SIG Plc [2012] EWCA Civ 518, but, as this is my blog post, I can take a Denning-esque introduction if I’d like. It’s sunny today. Bluebell time in Kent…

Back to reality. Just a short note on Tibbles (the case, not the cat). It’s about the power of the court to “vary or revoke” an order under CPR 3.1(7). The case was a low-value PI claim. The DJ initially allocated the case to the small claims track but … Read the full post

Posted in FLW case note, Housing law - All and Various (non-housing). Tags: .

Stick or Twist

By J on 18/04/2012. 1 Comment

R (MD)(Afghanistan) v Secretary of State [2012] EWCA Civ 194 is an immigration case but merits wider attention because of what it has to say about the interplay between renewing a judicial review claim and appeals.

MD was an asylum seeker. The Secretary of State rejected his application, as did the Asylum and Immigration Tribunal and the High Court. Some 10 days before he was due to be deported, his solicitors submitted a considerable amount of fresh material and sought to bring a new claim for asylum. The Secretary of State refused to accept the new claim and JR proceedings were issued (on the day set for his deportation).

Sales … Read the full post

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

Small, but not unimportant

By J on 31/03/2012. 3 Comments

Marshall Dixon and others v Wellington Close Management Ltd [2012] UKUT 95 (LC) is, so far as I can tell, the first Lands Tribunal/Upper Tribunal case on s.37, Landlord and Tenant Act 1987. As you’ll know, the 1987 Act gives the LVT power to vary residential leases. It can do this if the lease is defective in some way (s.35) or if the requisite majority of leaseholders agree and n0-more than the specified minority object (s.37 – a sort of qualified majority voting basis). The key provision is s.37(5), which provides that, in a building with more than eight leases, an application “shall only be made” if it is not … Read the full post

Posted in Housing law - All, Leasehold and shared ownership and Uncategorized. Tags: , .

Service charges: the GLA speaks

By J on 02/03/2012. 3 Comments

You’ll remember that, back in August 2011, the GLA announced that it was conducting a review of service charges in the capital (see our note here) and that the evidence included a panel discussion which was broadcast across the internet (see here). The final report has now been published (available here) and makes for interesting reading. I’ll come to the recommendations in a moment, but, in outline, the major point seems to be that landlords (especially private sector) would be well-advised to engage in a much more detailed consultation process before doing major works, effectively lifting some of the best practices from the social housing sector. They … Read the full post

Posted in FLW article and Leasehold and shared ownership.

Rumour has it…

By J on 29/02/2012. 4 Comments

Keep your eyes out for Khela (by his LPA receiver) v Dainter, Birmingham County Court, 29.2.12, which HHJ McKenna has just transfered into the Court of Appeal.

It’s an appeal against a s.21 possession order made under the accelerated procedure in which Ms Dainter argues that she should have been allowed to raise an art.8 defence. The DJ held that there was no need to consider personal circumstances / proportionality but granted permission to appeal. HHJ McKenna, noting that the interaction between art.8 and the private sector had been left open in Pinnock, has sent the case to the CA for them to have a go with.

More … Read the full post

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