I sublet an apartment on the 99th floor of my block

By J on 26/01/2012. 2 Comments

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

Posted in FLW case note, Housing law - All, Leasehold and shared ownership and Uncategorized.

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: , .

Even more exciting

By J on 23/01/2012. 0 Comments

The GLA has been conducting a review of service charges in London (see here for our piece on the original announcement) and, earlier today (Monday, January 23, 2012), held an oral evidence session at City Hall. I couldn’t make it, sadly, but did manage to watch most of it online (the joys of modern technology). The recorded version should be available here, shortly. It was a very impressive debate with considered and intelligent contributions and I recommend it to you. If you have children who can’t sleep, I also recommend it to them.

 

 

 

 … Read the full post

Posted in FLW article and Leasehold and shared ownership.

No comparing

By NL on 23/01/2012. 0 Comments

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

Posted in FLW case note, Homeless and Housing law - All.

The best thing in life is free

By J on 22/01/2012. 0 Comments

But, like John Lee Hooker, I need money. It’s one of the reasons (a) I keep a close eye on costs cases and (b) I don’t get involved in the never-ending attempt by law students to get us to teach them about constructive trusts on this blog. Plantation Wharf Management Co Ltd v Jackson and another is a case that falls under the first category. No students here.

Whether a lease allows for recovery of legal costs is not usually a straight-forward proposition. in Sella House Ltd v Mears [1989] 1 EGLR 65, the Court of Appeal indicated that, in general terms, one would need to find a clause … Read the full post

Posted in FLW article, Housing law - All, Leasehold and shared ownership and Uncategorized.

I watch the ripples change their size

By J on 22/01/2012. 0 Comments

…. with the words of Mr David Bowie ringing in my ears, I bring you a decison of the Upper Tribunal (Lands Chamber) all about changes and how and when to make them. In Re: 167 Kingshurst Road [2012] UKUT 4 (LC), the Upper Tribunal was dealing with an appeal against a decision of the Midland LVT  in a case under the Leasehold Reform Act 1967. As you’ll know, the 1967 Act lets certain long leaseholders of houses either acquire the freehold or purchase an extended lease. In the present case, the LVT determined that the price payable for the freehold purchase would be £10,878.

The landlord was dissatisfied with … Read the full post

Posted in FLW case note, Housing law - All, Leasehold and shared ownership and Uncategorized.

Proportionality and stay of eviction

By NL on 22/01/2012. 2 Comments

One of the questions posed as a result of Hounslow LBC v Powell [2011] UKSC 8 [our report here] is what happens if a proportionality argument is raised after a possession order has been made, but before eviction.

Powell found that s.89 Housing Act 1980, which limits the time for a stay of possession order to a maximum of 6 weeks, was compatible with Article 8. So, once a possession order has been made, does the court have any discretion to revisit or extend a period of stay beyond 6 weeks?

Ngesa v Crawley BC [2011] EWCA Civ 1291 [Not on Bailii yet] addresses this issue, though perhaps … Read the full post

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