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Now this is just getting silly. We have a third case this year on s.37, Landlord and Tenant Act 1987. Nothing for 20 years and then three in 11 months. In short, this is a power for the LVT to vary residential leases where a qualified majority of...
Gala Unity Ltd v Ariadne Road RTM Co Ltd [2012] EWCA Civ 1372 is important for those doing long leasehold work. I'm not entirely sure it's right (or, perhaps a better way of putting it, I'm not sure it's a good decision, it may be right within the...
The Upper Tribunal (Lands Chamber) has handed down two more LVT service charge appeal decisions and, hot on the heels of BCC v Keddie / Crosspite v Sachdev, it rather feels like the UT is on a bit of a mission to establish some general rules and...
A case perhaps best filed under the 'Ooops' category, which only took a trip to the Court of Appeal to sort out Spicer & Anor v Tuli & Anor [2012] EWCA Civ 845 Spicer and Shinners were Law of Property Act 1925 receivers, appointed under a...
Does the landlord's repairing duty under Section 11 Landlord and Tenant Act 1985 extend to damage by fire, flood or tempest? LB Hammersmith and Fulham v Carty is a County Court judgment reported on Hardwicke Chamber's site which raises some...
Well, well. A successful proportionality defence on an introductory tenancy and one upheld on appeal. There is also some helpful confirmation about what can be considered in assessing proportionality. Southend-on-Sea Borough Council v Armour (2012)...
R(Carney) v Bolton-at-Home Limited [2012] EWHC 2553 (Admin) Did historic ASB by the daughter of a former evicted tenant allow the local authority to refuse to allow her accommodation in the same area? This was the issue in this judicial review of...
2012 seems to be a bumper year for cases under s.37, Landlord and Tenant Act 1987. Having had (so far as I can tell) none in the previous 20-odd years, we've now had two. The first was covered by us here and the second has just been handed down by...
The Where's Wally? books are surprisingly good fun. You spend hours pouring over a page (or pages) trying to find Wally as he hides in ever more obscure places. Reading Day v Hosebay Ltd; Howard de Walden v Lexgorge [2012] UKSC 41 did rather feel...
The Government has today laid The Homelessness (Suitability of Accommodation) (England) Order 2012 SI 2012 No. 2601. It comes into force on 9 November 2012 This sets out the issues for determining suitability (or the lack thereof) of accommodation...
In response to Zambrano (C-34/09) the Government has laid new regulations today, to come into force on 9 8 November 2012. The Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) Regulations...
One of the less well-remarked upon changes in the Localism Act 2010 was a set of radical changes to the role of the Housing Ombudsman (the current incumbent being the lovely Mike Biles). In short, the HO takes over jurisdiction for local authority...