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The Law Commission is currently consulting on what projects it might take on under its next law reform programme. It has a few specific suggestions in relation to landlord and tenant law and is seeking evidence (particularly about how far they...
Last Thursday night, BBC 1 broadcast Meet the Landlords. It's still available on Iplayer, here. It just confirms my view that - save for limited circumstances - one person should not be allowed to own the home of another. Others may have different...
Allocations under Pt.6, 1996 Act. A big topic. A sexy topic. A true behemoth of a topic. And, for reasons that aren't entirely clear to me, a topic that isn't giving us very many cases these days. Which is odd, given the ever-growing tendency by...
Those of you who follow the leasehold update religiously will note that J usually takes care of these things, but not this month. I have the pleasure of that. First, we have Triplerose Ltd v Bishun [2013] UKUT 0257 (LC) Triplerose were the freehold...
Zak Johnson v City of Westminster [2013] EWCA Civ 773 [Not on bailii yet, transcript on Lawtel] When bringing a second appeal to the Court of Appeal from a section 204 Housing Act 1996 appeal to the County Court, what is the applicant's route to...
A quick note on a recent judgement of the Court of Appeal on an application for costs following a settled judicial review: Emezie v SSHD. The Appeal was brought by Ms Emezie against Mostyn J's dismissal of her application in the High Court, which...
Malik v Fassenfelt & Ors [2013] EWCA Civ 798 The idea that an Englishman's home is his castle is firmly embedded in English folklore and it finds its counterpart in the common law of the realm which provides a remedy to enable the owner of the...
In honour of the birth (in England) of the new FTT(PC), I bring you a little note about case from the UT(LC), all about forgetting old things. Jastrzembski v Westminster CC [2013] UKUT 284 (LC) concerns some major works. The underlying facts are...
Brusse and another v Jahani BV C488-11 is a case from the European Court of Justice concerning Directive 93/13/EEC, better known to us in this country as the Unfair Terms in Consumer Contracts Regulations 1999. In outline, the Directive (and the...
Hunt & Ors v Optima (Cambridge) Ltd & Ors [2013] EWHC 681 (TCC) This is a brief note on what was a complex case arising out of what, by any measure, appears to have been a very poor construction and subsequent maintenance of a new build...
Reading BC v Holt is an important case on the approach to be taken by the courts when making possession orders under Ground 16 (and since 1/4/12, 15A) of the Housing Act 1985. Mrs Holt has occupied 28 Southdown Rd, Emmer Green, Reading since her...
As regular readers will know, the NL naughty step posts are not restricted to housing law, though tend to have a legal connection. It is just a question of who might attract our attention at any given moment for the right, or rather wrong reason.....