McHale v Cadogan [2010] EWCA Civ 1471 is turning into a bit of a Jarndyce v Jarndyce. We noted the first part of the Court of Appeal decision earlier in the year here and ended it by saying: "The appeal also raised another issue, namely whether the...
All the blog posts, most recent first
On the fourth day of Christmas, my true love gave to me…
... a case about service charges, balancing payments, LVT procedure and precedent. In Holding and Management (Solitaire) Ltd v Sherwin [2010] UKUT 412 (LC), the Upper Tribunal (Lands Chamber) had to grapple with s.20B, Landlord and Tenant Act 1985....
And so, farewell…
The MoJ has published the list of county courts that will be closed in England and Wales. The BBC has the full list here (it includes county courts and magistrates' courts). The government claims that 85% of people will still be within 1 hr (by...
Localism Bill published
The Localism Bill was published yesterday. I suppose it might be seen as an exciting time for the housing sector - somebody described it as a potential "paradigm shift" at an event I was at last week - but, whether or not that is correct (and it...
Adverse Possession: Articles 1, 6 and freedom of speech?
Agnes Ofulue v the United Kingdom Application no. 52512/09 ECtHR This admissibility hearing was the culmination of a long, long story. We reported the Court of Appeal judgment and the House of Lords judgments. The very abbreviated history was that...
Unwanted Gifts
Keeping the seasonal theme, we are having a bit of a problem with unwanted gifts, specifically automated spam comments. For the last few days - and ongoing - there has been a particularly heavy flood of them. We usually get about 200 a day, but...
Tis the season for giving (2)
As you all know, we six merry souls write NL because, well, we love housing / landlord and tenant law. Our fearless leader has even been described as a "nut"* for the subject. We're glad that we can produce something that people find useful but,...
Tis the season for giving (1)
Leeds and Yorkshire Housing Association v Vertigan, Court of Appeal, December 9, 2010 (Elias LJ, Norris J, Lawtel note only) Vertigan was the assured shorthold tenant of the claimant. Over the years, it seems that he had done a number of things of...
No recovery of accidental overpayments
The Child Poverty Action Group v Secretary of State for Work and Pensions [2010] UKSC 54 Just a quick note to confirm that the Supreme Court has unanimously upheld the Court of Appeal decision (reported here) that the Secretary of State cannot use...
Borscht with your Royale?
Continuing the food-related nature of our posts on Art. 8, ECHR cases (see, inter alia, here and here) we've got a bit of cold borscht from Ukraine in the case of Kryvitska and Kryvitskyy v Ukraine App. No. 30856. Like a bowl of borscht, I'm not...
New evidence of disrepair – Ladd v Marshall revisited
Herelle v South London Family Housing Association Ltd, CC/2009/PTA/0737 (High Court Chancery Division) 20 July 2010 [Not reported elsewhere] Perhaps apropos of J's recent comments on RSLs 'fighting daft disrepair cases', we have an update on what...
Relying on advice on the LHA
Ombudsman's Decision: Complaint against Newham LB [2010] Complaint no 09 003 325 9 November 2010 Hat-tip to the Garden Court bulletin for this one. Miss Thornton (pseudonym) was in temporary accommodation provided by Newham LBC pursuant to the full...