Tag Archive for 'unfair terms'

Water Under the Bridge

By David Smith on 02/11/2011. 4 Comments

Rochdale Borough Council v Dixon [2011] EWCA Civ 1173

Apologies for the late delivery of this case note which has been held up by a blizzard (of work rather than the kind afflicting the Eastern USA).

This case is somewhat complicated and involved so you will have to bear with me. In summary it consists of a defence to a possession claim which was based on non-payment of utility charges for the provision of water and sewerage.

Rochdale rented a property on a secure tenancy to Mr Dixon. He has resided there for more than 30 years. About 2 years ago he stopped paying a component of the charges levied … Read the full post

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

Tenancy Deposits on Sale and Rent Back on Appeal

By David Smith on 24/02/2010. 4 Comments

UK Housing Alliance v Francis [2010] EWCA Civ 117

This is an appeal from a case in Grimsby County Court which we reported on here. It is also the first Court of Appeal decision to touch on tenancy deposit protection.

Briefly, the case involved a sale and rent back arrangement between UK and F whereby F was granted an Assured Shorthold Tenancy for 10 years. A proportion of the purchase sum was to be held back and would be paid over at the end of the term with a proportional deduction if the tenancy ended earlier than the 10 year point. Ultimately, F fell behind with the rent and … Read the full post

Posted in Assured Shorthold tenancy, FLW case note and Housing law - All. Tags: , .

Tenancy Deposit Protection on Sale and Leaseback

By David Smith on 29/01/2010. 5 Comments

UK Housing Alliance (North West) Ltd v Michael John Francis, Grimsby County Court, 18 June 2009, unreported

An interesting case this involving issues of tenancy deposit protection, contractual penalties and the Unfair Terms in Consumer Contract Regulations 1999.

UK purchased a house in Grimsby from F in October 2007. They let it back to him on an Assured Shorthold Tenancy for a term of ten years at a rental of £520.83 pcm with annual increases of 5%. The purchase price was £125,000 to be paid in two tranches – the first, in the sum of £87,500 to be paid on completion while the second, of £37,500, on the giving up … Read the full post

Posted in Assured Shorthold tenancy, FLW case note and Possession. Tags: , , , , .

Foxtons' terms unfair

By Francis Davey on 13/07/2009. 2 Comments

In a long awaited decision the High Court has held in Office of Fair Trading v Foxtons [2009] EWHC 1691 (Ch) that some of the terms and conditions contained in Foxtons’ contract with landlords were unfair. While strictly speaking this decision is unrelated to housing law, concerning as it does the fairness of consumer contracts, it will have an impact on the housing sector and the decision itself is instructive in the application of the Unfair Terms in Consumer Contracts Regulations 1999.

The case was brought by the Office of Fair Trading who were claiming injunctive/declarative relief against Foxtons under their power to do so granted by regulation 12. … Read the full post

Posted in Assured Shorthold tenancy, FLW case note and Housing law - All. Tags: , , , , .

Stadium Housing to Appeal

By Francis Davey on 30/09/2008. 27 Comments

Regular readers of this blog will have read our comments on (in our view) a fairly poor example of service charge management by an RSL, entitled On the Naughty Step. To my surprise the RSL in question — Stadium Housing — have decided to appeal the decision.

This should prove interesting as they appear (so my information goes) to be appealing against

Posted in Assured Shorthold tenancy and Housing law - All. Tags: , , , , .
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