Beach huts: chattels, leases, estoppel

Gilpin and ors v Legg [2017] EWHC 3220 (Ch) is a gift (at least to land law examiners) that is going to keep on giving.  This is not just because of the claims discussed – whether beach huts were fixtures or chattels, whether a lease had been granted to the owners of the huts, whether […]

Re-classifying housing associations

Slightly under the radar (possibly), but of enormous significance, the ONS has re-classified housing associations (or private registered providers of social housing – in the new language which I can’t get used to) as private sector, and in so doing has wiped around £60billion off the public sector debt.  It is this re-classification which has given […]

Almshouses, tenancies and Article 14

This post is my Christmas gift to land law students everywhere in the UK.  It is a discussion of the very important Court of Appeal decision in Watts v Stewart [2016] EWCA Civ 1247, which concerned whether charitable providers of accommodation (in this case, almshouses, but, in principle, the issue in the case is broader) are exceptions to […]

Second (non-) succession

In Holley v Hillingdon LBC [2016] EWCA Civ 1052, Mr Holley was seeking to challenge the council’s decision to evict him and his brother from a three bedroom property that could sleep up to six persons, in which Mr Holley had lived for 32 years of his life and where he was suffering from a range of mental […]

A non-binary outcome

This is a cautionary tale for DJs and DDJs hearing Equality Act defences.  In Birmingham CC v Stephenson [2016] EWCA Civ 1029 (not on Baili yet, but we have seen a transcript), the Court of Appeal considered whether a possession order granted in respect of an introductory tenancy was wrongly granted where an Akerman-Livingstone Equality Act style defence […]

The mechanics of proprietary estoppel

What is the difference between, on the one hand, Yeoman’s Row Management Ltd v Cobbe [2008] UKHL 55 and, on the other hand, Thorner v Majors [2009] UKHL 18?  The standard answer is that Cobbe involved commercial parties who, well, ought to have known better than to rely on an incomplete agreement (no unconscionability), whereas, in Thorner, we were […]

Right to reside – Carry on as before?

Following hard on the heels of J’s excellent post on the Immigration Bill, we now have further discussion of the EU right to reside rules by the CJEU in Jobcenter Berlin Neukolln v Alimanovic  Case C-67/14 (to which I might say, good luck landlords).  To say that the EU right to reside rules are politically contested […]

IT wasn’t

In Wandsworth LBC v Tompkins [2015] EWCA Civ 846, Wandsworth had purported to grant Mr and Mrs Tompkins an introductory tenancy of a property; only, as the Court of Appeal found, it wasn’t an IT because it couldn’t be.  Mr and Mrs Tompkins had made a homelessness application.  There was some toing and froing on […]

TLATA: The Court’s discretion

In Bagum v Hafiz and Hai [2015] EWCA Civ 801, the Court of Appeal considered, apparently for the first time, the extent of its discretion under section 14, Trusts of Land and Appointment of Trustees Act 1996 (“TLATA”).  The case is a sad and apparently bitter family breakdown case, where the central parties each had a […]

Primary considerations

In Mohamoud v RB Kensington and Chelsea and Saleem v Wandsworth LBC [2015] EWCA Civ 780, the Court of Appeal were faced with the difficult argument about the interaction between section 11, Children Act 2004 and possession proceedings brought by a local authority against unsuccessful applicants for homelessness assistance.  In Huzrat v Wandsworth LBC [2013] EWCA Civ 1865, […]