Archive for the 'Licences and occupiers' Category

Equity Release Schemes: the CA view

By Dave on 26/01/2012. 2 Comments

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

Posted in FLW case note, Housing law - All, Licences and occupiers, Mortgage possession and Trusts and Estoppel. Tags: , .

How Gratuitous is Your Licence

By David Smith on 21/12/2011. 1 Comment

Potter v Dyer [2011] EWCA Civ 1417

This is another rather sad and complex case with a fairly convoluted set of facts. Mr & Mrs Potter (senior) acquired a farm and farmhouse as a single unit in 1947. In 1966 they let the whole of the farm and farmhouse to themselves as a joint tenancy with their son Gordon Potter. In 1971 Mr & Mrs Potter and Gordon granted an oral tenancy of the farm (but not the farmhouse) to Mr & Mrs Potter’s other son Brian Potter. It is Brian Potter who is the claimant in this case. Brian Potter was residing with his parents in the farmhouse, but … Read the full post

Posted in FLW case note, Housing law - All, Licences and occupiers and Possession. Tags: .

Money can’t buy you everything

By NL on 18/12/2011. 13 Comments

Sun Street Properties Ltd v Persons Unknown [2011] EWHC (Ch), [2011] All ER (D) 72 (Dec) [no transcript available yet]

Or, what the hell is going on about Occupy/Bank of Ideas and the property owned by Union Bank of Switzerland. As you probably noticed, on 18 November 2011, an empty property in the City was occupied by a group connected with the OccupyLSX camp outside St Paul’s. The property was ultimately owned by the UBS, the ones who allegedly just lost some $2.3 billion through a rogue trader.

At the time, I predicted that UBS (or rather their subsidiary, Sun Street Properties Ltd) would go for an interim possession order … Read the full post

Posted in FLW case note, Housing law - All, Licences and occupiers and Possession. Tags: , .

Until the Abbott be deposed: uncertain terms

By NL on 10/11/2011. 5 Comments

Berrisford v Mexfield Housing Co-operative Ltd (Rev 1) [2011] UKSC 32

What happens to a lease for an uncertain term? Or a tenancy that ends on some specified event, whose date is not known and which may or may not happen? Can either the tenant or the landlord rely on the clauses in the tenancy agreement?

The Supreme Court simply and indeed elegantly gives us the answer in this case, the final part of the extraordinary saga of Ms Berrisford and the Mexfield housing Co-op, which saw Mexfield arguing in the Court of Appeal that all of the tenancies it had granted were invalid. (Our reports on the High Court… Read the full post

Posted in FLW case note, Housing law - All, Leasehold and shared ownership, Licences and occupiers and Possession. Tags: .

Proportionality. A precis on ‘summary’

By NL on 08/11/2011. 7 Comments

Holmes v Westminster City Council [2011] EWHC 2857 (QB)

An interesting appeal from a summary possession order on the issue of consideration of proportionality. While the outcome is not, perhaps, a surprise, some of the arguments are. Plus this is an example of the High Court grappling with how the County Court should approach a summary possession claim, post Pinnock and Powell.

Mr H had a non-secure tenancy from Westminster as temporary accommodation following Westminster accepting a s.193 Housing Act 1996 duty in 2005. In 2009, Westminster told Mr H it had discharged duty following his failure to attend two appointments for inspection of his accommodation. Mr H requested … Read the full post

Posted in FLW case note, Homeless, Housing law - All, Introductory and Demoted tenancies, Licences and occupiers and Possession. Tags: , , .

Well he would, wouldn’t he?

By NL on 25/09/2011. 13 Comments

The mass letter on misrepresentation of trespass will be going out this morning (Monday 26 Sept). The letter will be sent to all the major newspapers, and BBC and ITN news, probably before you read this.

The Guardian has what I think is a good article on the letter on the website here and hopefully also in today’s paper (Monday’s paper which I haven’t seen yet), headlined “Squatting law is being misrepresented to aid ministers’ reforms, claim lawyers”. The Guardian also has an edited version of the letter on the Letters page and the full version with signatures on the website here.

If there is any further media reporting, I’ll add … Read the full post

Posted in FLW article, Housing law - All, Licences and occupiers and Possession. Tags: , , .

Forgive us our trespasses…

By NL on 10/07/2011. 14 Comments

The Prime Minister’s confirmation that the government will be bringing forward legislation for the criminalisation of trespass and the proposed removal of legal aid from trespassers in the Legal AId, Sentencing and Punishment of Offenders Bill amount to the most significant changes to the law of trespass in England and Wales for generations.

The media response, carefully directed by spin, has been to focus on squatting and, all too predictably, on ‘protecting homeowners’ from squatters. That this response is wholly and perhaps wilfully inaccurate about the current law is something we’ve addressed before. Of course, squatting is threatened by the proposals, but the ramifications run deeper and wider.

The … Read the full post

Posted in Adverse possession, FLW article, Housing law - All, Licences and occupiers and Possession. Tags: , , , , .
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