Of Penalties and Possession

Charalambous & Anor v Maureen Rosairie Ng & Anor [2014] EWCA Civ 1604 The Court of Appeal has again thrown the cat among the tenancy deposit protection pigeons. In Charalambous it had to grapple with the, admittedly fairly rare scenario, of a deposit taken entirely before the tenancy deposit protection schemes came into force where […]

Conscious Re-coupling and Succession

m4s0n501 In R (Turley) v LB Wandsworth , the Claimant was the partner of the late Mr Doyle, who was the secure tenant of a property at Battersea Park Rd, London, SW8 from 1995 until his death on 17/3/2012. Mr D and Ms T had 4 children together and they lived at the property throughout, apart from […]

Shared ownership – new guidance

The CML, NHF, HCA, BSA have produced new guidance on handling arrears and possession sales of shared ownership properties (the previous guidance was in 2010 and the contact details provided were out of date).  I am not sure that there is a huge difference between the 2010 and new guidance - the documents are slight […]

Human Rights Round-Up Part 2

Lemo and others v Croatia [2014] ECHR 755 (10/7/2014) Both the facts and the outcome in this case are highly reminiscent of Brezec v Croatia (see our note here). The applicants had occupied flats under protected tenancies from the 1970s until their eviction on 19/11/2010. The properties were initially publicly owned but the company which owned the properties […]

Stop Retaliating!

The Tenancies Reform Bill has now been formally published following its second reading. The Bill has changed substantially from the original version that was put forward by Sarah Teather MP and drafted by Shelter. We commented on the Bill before as we had seen the version produced at first reading. The Bill has now benefitted […]

Southwark: Not appealing

It is not unknown for losing parties in a case to not be happy, indeed very upset. There are two basic options. To shut up and put up with it, or appeal. Rather unusually, faced with one of the most coruscating High Court judgments I can recall, in AA V LB Southwark [our report here], […]

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 […]

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 […]

Human Rights Round-Up Part 1

Tijardovic v Croatia [2014] ECHR 637  (19/6/2014) Mrs T and her family occupied a flat in Split, Croatia, which her father-in-law had held under a specially protected tenancy with the Split Municipality, from 1983 onwards. Between 1985 and his death in 1998, Mrs T's father-in-law resided at another flat in Split. After his death, Mrs […]

Possession Archives

The extremely slow work of adding downloadable, searchable PDFs of the NL archives continues. In addition to the homelessness archives, there are now PDFs of the possession case posts from 2006 to date on the PDF Archive page. As before, these are unedited, uncorrected and generally as is. Not least because they are free. But […]