Category Archives: Housing law – All

Ignoring the Court of Appeal?

There has been an odd bedroom tax development, one on which details are tantalisingly still absent. Mr & Mrs Carmichael have won their appeal to the First Tier Tribunal, apparently on the basis of Mrs Carmichael’s disability, so on grounds of Article 14 read with Art 1 Protocol 1. The Tribunal apparently found that it would be unjustifiable discrimination to impose the bedroom tax.

Why is this an odd development? There have been Art 14 FTT cases before, after all.

Well, the Carmichael’s case was one singled out for consideration in MA & Ors, R (on the application of) v The Secretary of State for Work and Pensions [2014] … Read the full post

Also posted in assured-tenancy, Benefits, FLW case note, Housing law - All, secure-tenancy | | Tagged , | Leave a comment

Not a Good Idea

One to be filed under ‘Do not do this, ever’.

R (Grimshaw) v LB Southwark [2013] EWHC 4504 (Admin) [Not on Bailii, I've seen a transcript]

This started out well enough, as a judicial review claim of Southwark’s decision to terminate temporary accommodation. Soon after issue and interim relief had been granted, Southwark entered into discussions and, on 10 December 2012, an offer of accommodation was made to and accepted by the Claimant. Thus, one would have thought, the claim was effectively settled and its purpose fulfilled.

Nobody told the Admin Court. On 19 December 2012, the claim was given permission on the papers, with no update on the situation … Read the full post

Also posted in FLW case note, Homeless, Housing law - All | | Tagged , , | 3 Comments

Oh Mr Ghopee.

God, we are told, loves a trier. Perhaps fortunately, the Court of Appeal takes a less emollient approach with an unlawful money lender who has been repeatedly featured on this site.

Ghana Commercial Finance Ltd v Sawyer & Anr [2014] EWCA Civ 489 [Not on Bailii yet. I've seen a transcript].

Ghana Commercial Finance is one of Mr Ghopee’s companies (See here and here and here and here for coverage of Mr Ghopee AKA Mr Gopee ). Mr Ghopee was and is director and controller of a large number of companies which had been making loans without a consumer credit licence or, in some few instances with a licence but … Read the full post

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Fiddler under the roof

Yeung v Potel & Anor [2014] EWCA Civ 481

A Court of Appeal case on the problems with the edges of demises and reserved rights of access, involving, in this case, a land grab above a ceiling and a demand to access the flat above.

Flats 3 and 4 were part of a 4 storey building. Flat 3 lay directly under flat 4. The Claimants/Respondents owned the lease of Flat 4 and the Defendant/Appellant Flat 3.

Problems arose when Dr Y, the Defendant/Appellant, started works in Flat 3.

In November 2008 the defendant commenced major building works in his flat. He did not give notice to the claimants of what

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Also posted in FLW case note, Housing law - All, Leasehold and shared ownership, Nuisance | | Tagged , | 6 Comments

You don’t just walk away

R (Twelve Baytree Ltd) v Rent Assessment Committee [2014] EWHC 1129 (Admin) is that rare beast – a judicial review of the LVT (as it was; FTT(PC) as it is now). It concerns how you withdraw a Right to Manage claim. I confess, when I first heard about this case, I had thought it would be more interesting than it has turned out to be.

By way of background,the Right to Manage is, as you know, a right for qualifying leaseholders of flats to form an RTM company and, in broad terms, take over the management of the block of flats. The RTM company serves a claim notice and, if … Read the full post

Also posted in FLW case note, Housing law - All, Leasehold and shared ownership | | Tagged , , | Leave a comment

Gonna get myself arrested

Maunder Taylor v SHG-SH20 Ltd 3CL02066 is one of the more interesting (and potentially, important) county court cases I’ve come across recently (transcript not publicly available; I’ve got one and am trying to persuade the Landlord and Tenant Reports to publish it). For reasons that will become clear, it has wider significance for LVT/FTT cases and although only a county court judgment, it is by HHJ Walden-Smith who is herself a judge of the UT(LC); not binding authority, I accept, but persuasive and important.

The case concerns the powers of the FTT/LVT under the Landlord and Tenant Act 1987. As you may know (and, if you don’t know, this excellent Read the full post

Also posted in FLW case note, Housing law - All, Leasehold and shared ownership | | Tagged , , , | 2 Comments
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