The future for me is already a thing of the past

Avon Ground Rents Ltd v (1) Cowley & Others, (2) Metropolitan Housing Trust, (3) Advance, (4) May Hempstead Partnership [2019] EWCA Civ 1827 (no transcript yet on BAILII, we’ve seen a copy on Lawtel) This is an important Court of Appeal decision concerning Landlord and Tenant Act 1985, s.19(2) and the reasonable sum payable in advance […]

Upper Tribunal roundup (The Very Late Summer 2019 edition)

There have been a fair few recent (and perhaps no-so-recent) decisions from the Upper Tribunal (Lands Chamber) on leasehold matters, so it’s time for a bit of a round up. Actually, it was time for a bit of a round up back in August when I started this post and I can only apologise that […]

Supreme Court to consider remedies in bedroom tax cases

We noted here the Court of Appeal decision in Carmichael v Secretary of State for Work and Pensions [2018] EWCA Civ 548. In very summary terms, the Supreme Court decided in an earlier case that the application of the “social sector size criteria” / “bedroom tax” (choose the appropriate label depending on your view), as contained in Housing Benefit […]

Look inside Westminster

In which the Nearly Legal team gain exclusive access to a (highly) fictionalised account of one man’s inside view of legislation currently going through Parliament, insofar as it relates to housing *** Morley Peckwitch, Member of Parliament for Dunny-on-the-Wold, leaned against the bar in the Smoking Room. It was a little after 11pm on 2 […]

Do Right To Manage Baby (Do Unto Others)

Triplerose Ltd v Ninety Broomfield Road RTM Co Ltd [2015] EWCA Civ 282 This is a rare treat for our RTM fan (he knows who he is) – a decision of the Court of Appeal on the right to manage provisions in Commonhold and Leasehold Reform Act 2002. I must confess that the decision is […]

I don’t like reg.8, no no… I love it

Mohamoud v Birmingham CC [2014] EWCA Civ 227 As all of our readers doubtless know, the way that decision making in homelessness cases works is something like this: a first decision is made by someone on behalf of a local housing authority; if that is in the applicant’s favour, all well and good; if it […]

For Whom the Bell Tolls, Pt 2

Durrant v Avon & Somerset Constabulary [2013] EWCA Civ 1624 This is not housing law, not even close, but is an important decision on procedure that follows on from Mitchell v News Group Newspapers. We covered that decision (see For Whom the Bell Tolls). This case confirms the reach of Mitchell and gives a vivid […]

Out of order

R (CN) v LB Lewisham; R (ZH) v Newham LBC [2013] EWCA Civ 804 This is a very important decision from the summer. For some reason we haven’t got round to writing it up before now. In the meantime England have managed to retain (yay) and then lose (boo) the Ashes, so it just goes […]

Don’t Think Twice, It’s All Right (To Manage)

Fairhold Mercury Ltd v HQ (Block 1) Action Management Co Ltd [2013] UKUT 487 (LC) Fairhold (Yorkshire) Ltd v Trinity Wharf (SE16) RTM Co Ltd [2013] UKUT 502 (LC) Assethold Ltd v 7 Sunny Gardens RTM Co Ltd [2013] UKUT 509 (LC) No.1 Deansgate (Residential) Ltd v No.1 Deansgate RTM Co Ltd [2013] UKUT 580 […]

It cost you how much?

Law can be expensive. This is particularly so in relation to the process of law, i.e. the costs of going to the law. By this I mean things such as the court or tribunal fees, but particularly the costs of the lawyers. If you lose in civil litigation, the normal rule is that you’ve got […]