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 […]

Former relevant children who aren’t former relevant children

m4s0n501 This is a quick note on a quite important case concerning duties owed to young people who are over 18 and who should have been, but in fact were not, provided with accommodation under s.20, Children Act 1989 prior to their 18th birthday. You may recall in R (M) v Hammersmith LBC [2008] UKHL […]

Errors, damn errors, and statistics: Ajilore v Hackney LBC

With the Supreme Court set to look at priority need this December, Ajilore v Hackney [2014] EWCA Civ 1273 may prove to be a brief footnote in the evolution of the bloated Pereira test. But, at least for the next four weeks, it tells us something about the construction of the ‘ordinary homeless person’ against which, post […]

Monk silenced

Sims v Dacorum Borough Council [2014] UKSC 63 If there is a positive to take from this, it is that it is a Supreme Court judgment that won't take long to discuss. The issue of the rule in Monk that notice by one joint tenant determines the whole tenancy came before the Court, on the […]

A return of sanity: Allocation and reasonable preference

Jakimaviciute, R (On the Application Of) v Hammersmith And Fulham London Borough Council [2014] EWCA Civ 1438 Eligibility for allocation list, reasonable preference and homelessness. After a run of Court of Appeal housing decisions that might be mildly described as disappointing, it is good to see one that is definitely right, albeit apparently reluctantly given. […]

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 […]

The public sector equality duty and priority need

We are (or more accurately I am) a bit late on this one. It is quite important though and the fact I have only just written it up should not detract from that. In Kanu v Southwark LBC [2014] EWCA Civ 1085, the Court of Appeal considered whether the public sector equality duty added an […]

You’ve got absoutely nothing out of this

For most parties that enter into litigation (save for those on CFAs and some who are legally aided) a win isn't really a win unless the other side is also ordered to pay your costs. I say most, because certain litigants enter into litigation knowing that come what May their costs will be paid on […]

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 […]