A quick note on an ongoing County Court case that raises some interesting questions. (As it is an ongoing case, all apparent statements of fact are as set out in the judgment and should be taken as being untested at trial). Leicester Housing...
All the blog posts, most recent first
Deposit received, one way or another
There are still some questions to be cleared up on tenancy deposit law and this Court of Appeal case neatly deals with one of them, while opening up what might be a very large can of worms. Superstrike Ltd v Rodrigues [2013] EWCA Civ 669 Where a...
When is an insurance premium reasonably incurred?
In Avon Estates (London) Limited v Sinclair Gardens Investments (Kensington) Limited [2013] UKUT 0264 (LC) [not online yet we have a transcript] the Upper Tribunal considered the question of whether an insurance premium had been reasonable...
No more than a statistic
There have been a number of priority need cases in the Court of Appeal recently and Johnson v Solihull MBC, June 6, 2013, unreported [from a lawtel note] is another one. Mr Johnson was 37 years old. He was a heroin addict, suffered from depression...
Notice me
Riniker v Mattey , Divisional Court, June 7, 2013 (Lawtel note only) is another odd little service charge case. The note isn't entirely clear but, so far as I can see, it concerns the little-used Schedule to the Landlord and Tenant Act 1985. If...
Leasehold round up
We do try here to keep on top of the work of the UT(LC) and so I bring you the following for your delight and enjoyment. First up comes Triplerose Ltd v (1) Grantglen Ltd (2) Cane Developments Ltd [2012] UKUT 204 (LC), a case all about s.47,...
Not in my court
Forfeiture is, for the most part, beloved by landlords and hated/feared by tenants. For what might be relatively minor breaches of covenant, you can lose your lease and the landlord make an enormous windfall. The legislative trend is (slowly) in...
Ask nicely
In R (Spaul) v Upper Tribunal (Lands Chamber) (Lawtel note only, Admin Ct, 22.5.13 - wrongly noted as being the UT(Administrative Appeals Chamber) we have an odd little case. As you may know, cases in the LVT are appealed to the Upper Tribunal...
One Statutory Instrument to rule them all
The new First-tier Tribunal (Property Chamber) is - almost - here (we've been warning you about this for a while, see, e.g. here). On July 1, 2013, the new tribunal will burst forth into the world (well, England and, for very limited purposes,...
A lesson in professionalism
We get a lot of requests for information or advice on NL. This one was special. From Mike M[...] Email xxxx@cardiff.gov.uk Message intentionally homeless for abandoning suitable accommodation, looking for caselaw on this subject From: Nearly Legal...
Out of Area Placements
Shelter has recently issued its 2012 statistics of homeless households who were temporarily accommodated outside London. 31 London councils provided data, which have revealed that out of 11513 households, 120 (or 1%) were accommodated more than 20...
Too soon?
Unusually, this is a published Judicial Review permission decision. Further, Anthony Thornton QC J has 'certified that this judgment may be cited and referred to in other cases or situations. This direction is made pursuant to paragraph 6.1 of the...