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BAILII has recently added a case from November 2008. In Chohan v McManus [2008] EWCA Civ 1657 the Court of Appeal was considering what constituted occupation of premises for the purposes of an Assured Tenancy. The facts were that Mr McManus...
We're changing servers over the next few days. Hopefully you won't see too much disruption, but there is always the chance things might go horribly wrong. So if the site vanishes, don't panic, it should be back in about 3 or 4 days. Email may be...
The January 2010 Housing updates in Legal Action have some County Court case reports that hadn't reached us. You will naturally have already read them in Legal Action, but for our archives... Tenancy Deposits O'Brien v Hill Barnet County Court...
'What!' I hear you say, 'wasn't the final Jackson report on costs released on 14 January?' Why yes it was. All 584 pages of it. But amid the headlines about scrapping CFA success fees and recoverable ATE insurance premiums, introducing contingency...
As well as the process of criminal convictions and fines which results from the failure to have the necessary property licence as required by the Housing Act 2004 there is a further penalty which can be imposed on unlicensed landlords. This is the...
Could the sale and leaseback of a house be a transaction at an undervalue and thus be caught by section 423 of the Insolvency Act 1986? This was the main question considered by the High Court in Delaney v Chen although some other points of interest...
And what a thoroughly deserving new entrant to the roll we have in Anthony Carroll, apparently known as 'Uncle Tony', although 'Uncle' to whom and whether any Godfather style references were intended is not at all clear. Mr Carroll is a Nottingham...
Walsh v Singh [2009] EWHC 32 is a fascinating case about constructive trust (CT) and proprietary estoppel (PE), or at least it could have been. First credit goes to HHJ Purle QC, sitting as a judge of the High Court, who has managed the seemingly...
[Update 03/04/2011 - the Court of Appeal decision on the further appeal in this case is here.] Makisi v Birmingham City Council (Birmingham County Court Appeal Ref: BM9 0166A, 6 Jan 2010) This was the County Court hearing of a s.204 Housing Act...
McIntyre & Anor, R (on the application of) v Gentoo Group Ltd [2010] EWHC 5 (Admin) This was the judicial review of North Sunderland Housing Company's refusal to permit an exchange of homes by the Claimants, joint assured tenants, with another...
And for the new year, it seems an opportune moment to delve into the Nearly Legal search logs in a vaguely quixotic attempt to provide answers to some of the questions that brought people here. Alternatively, where this is not possible, we can...
The Ministry of Justice has issued a consultation document on a proposal to require mortgage lenders to obtain a court order or the consent of the borrower before repossessing and selling residential owner-occupied homes. (The consultation document...