Wychavon DC v EM is a double decision, so to speak, by Judge Mark on a housing benefit matter, with broader implications regarding incapacity. In essence, EM is profoundly disabled (mentally and physically). Her parents moved her from a care home, with the support of Worcestershire CC (which also encouraged the understanding that entitlement to HB would follow), to an annex they constructed at their home. EM had previously lived in the garage at their home, but this was unsuitable as EM required round the clock care from three carers, who needed their own accommodation. EM’s parents could not afford this new arrangement without housing benefit. EM’s dad entered into … Read the full post
Archive for the 'FLW case note' Category
Wasted costs orders are scary things. There is the censure by the Court, of course, but worst of all, the solicitors then have to pay and, no matter how much or how little, that rips shreds out of the very essence of their being.
Threats to pursue wasted costs tend to be waved around rather too often by some solicitors, perhaps overly convinced of their own rightness. Usually what is at issue is actually a valid point of dispute. Personally, I think these threats tend to backfire, at least if the recipient is reasonably sure that an application would fail. Nothing shrieks of a lack of strength in a position … Read the full post
Om Property Management Ltd. v Burr [2012] UKUT 2 (LC) [not yet on bailii - we've got a transcript] was another case concerning the interpretation of s.20B, Landlord and Tenant Act 1985. Section 20B is of course the provision that renders service charges irrecoverable if the landlord does not demand payment, or at least warn the tenant that a payment will be required, within 18 months of the service charge costs being incurred. Here the Upper Tribunal was required to consider at what point in time service charge costs became incurred.
In November 2007, through no fault of its own, the Appellant management company found itself with a gas bill … Read the full post
In Attorney General v Singer & Singer, Divisional Court, January 24, 2012 [taken from a lawtel note - not on bailii], the Attorney General sought a civil proceedings order, under s.42, Senior Courts Act 1981, against Mr & Mrs Singer. The effect of such an order is that no civil proceedings or civil applications may be made by the person subject to the order without the leave of the High Court. The High Court may make such an order, on an application by the Attorney General, if satisfied that a person has habitually and persistently instituted vexatious civil proceedings or applications in either the High Court or any inferior court.… Read the full post
No prizes for guessing what I was listening to when I decided to write this. I bring you two important cases from the Upper Tribunal (Lands Chamber) about sub-let fees and administration charges:Holding & Management (Solitaire Ltd) v Norton and other appeals [2012] UKUT 1 and Re: Bradmoss Ltd [2012] UKUT 3 (LC). In all cases:
(a) the tenant sought to sub-let their flat; and,
(b) the leases prohibited this without the consent of the landlord/management company.
In some of the leases, there was a further express provision requiring the tenant to pay the costs of the consent and/or a registration fee. In all cases, the landlord/management company sought … Read the full post
Cook v The Mortgage Business PLC et al [2012] EWCA Civ 17
[note for law students: this is a really important case on land registration in which the principles in Abbey National BS v Cann are considered and applied. Please note that we do not write essays for you or respond to queries which assist you in writing your essays - we get quite snippy about such enquiries so beware. As an academic and property law teacher myself, I get quite irate with those enquiries. However, if you want to engage with us and our writing, we would be really happy and will respond in kind.]
Every generation seems to … Read the full post
When considering ‘general housing circumstances in the area’ under Housing Act 1996 s.177(2) on a s.202 review, can the review officer conduct a comparative exercise?
A s.204 appeal decision in Chawa v Kensington and Chelsea RLBC (Central WLondon County Court 19 July 2011), suggests that the answer is no.
MS C and her 11 year old son were living in a private rental studio flat. She applied as homeless, but K&C decided that despite the overcrowding it was reasonable for her to continue to occupy the flat. On review, the review officer upheld the decision. The review decision took into account general housing circumstances in the area, and described this … Read the full post
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