Selective Licensing Reforms

If the case-law is to be believed, local authorities have a hard enough time introducing selective licensing schemes as it is (see R (Peat) v Hyndburn and R (Regas) v Enfield)). Well, the government has published a draft SI designed to make it even harder. In addition to the existing conditions which have to be […]

Part 7 and capacity

R (MT) v Oxford CC, High Ct, (Lawtel note only as far as I can tell) is an interesting little case on capacity and homelessness Mr MT lacks capacity and is unable to manage his housing or financial affairs. He (or, I suspect, his father who was also his litigation friend) applied to Oxford CC […]

A new approach to improvements

Waaler v LB Hounslow [2015] UKUT 17 (LC) The background to this case is quite familiar to anyone who has been dealing with local authority leasehold service charge disputes over the last few years. Hounslow embarked upon a scheme of major works on an estate where Miss Waaler was one of the leaseholders. The works […]

Squeezed Out of London

A friend of ours has asked us to help promote a potential documentary. What follows is a slightly edited version of the original email: Kash is a Hackney based production company that specialises in all forms of digital and short form content. We’ve been established for five years now and are eager to make interesting, […]

Leaving it to the last minute

No, not a post about the time-management skills of barristers, rather, some research that Z2K are putting together. As they say: Concern is mounting about councils, especially in London, delaying completion of homelessness reviews until right at the end of the 8 week maximum time limit or exceeding that limit and any agreed extensions to […]

Getting around Tuitt

Anti-social behaviour cases are one of the staple cases for the young barrister. If acting for landlords (whether local authority or housing association), they’re a great way to develop trial experience in a relatively low-risk environment. I say “low risk” because, for the most part, landlords have got quite good at these cases and courts […]

Penal notices and warrants

Lawtel had a short note on a case called Bank of Ireland v Shah and another (QBD, 20.11.14) this week and I was wondering if anyone knew any more about it. According to the note, the Bank had a possession order against Mr Shah arising out of a mortgage. When it came to enforce the […]

Rooting out heresy

This is a post about the consultation provisions in ss.20, 20ZA, Landlord and Tenant Act 1985, applicable in respect of service chargeable costs. If you’re not interested in long leasehold law (which, looking at the site stats for most popular pages, is most of you), then look away now. On Friday, the Court of Appeal […]

A short note on leasehold costs

The UT(LC) has published an addendum to Daejan Properties Ltd v Griffin [2014] UKUT 206 (LC) (our note here). The substantive case was about historic neglect. In outline, the leaseholders had won in the FTT and the UT overturned the decision, The UT invited written submissions on s.20C, Landlord and Tenant Act 1985 and, in […]

Costs and forfeiture

Barrett v Robinson [2014] UKUT 322 (LC) is very, very important decision on costs from the Upper Tribunal (Lands Chamber). It came out a few weeks ago and I’ve been promising to do it since then. Sorry. You’ll be aware that most, if not all leases, have a “forfeiture costs” clause in them – something […]