I recently found myself reading and writing about the Court of Appeal judgement in Edwards v Kurasamy (our report here). Doing so made me think about the recent spate of judgements given by Lewison LJ that have touched on the private rental sector. I am...
English Tenancy Deposits Are Less Interest-ing
A very brief note to point up the slightly less than earth shattering Housing (Tenancy Deposits) (Specified Interest Rate) (Revocation) (England) Order 2015. This comes into force on 4 February 2015 in England only and revokes the equally fascinating Housing...
Of Penalties and Possession
Charalambous & Anor v Maureen Rosairie Ng & Anor [2014] EWCA Civ 1604 The Court of Appeal has again thrown the cat among the tenancy deposit protection pigeons. In Charalambous it had to grapple with the, admittedly fairly rare scenario, of a deposit...
Stop Retaliating!
The Tenancies Reform Bill has now been formally published following its second reading. The Bill has changed substantially from the original version that was put forward by Sarah Teather MP and drafted by Shelter. We commented on the Bill before as we had...
Angels Dancing on the Head of Anti-Social Behaviour
Telchadder v Wickland Holdings Ltd [2014] UKSC 57 I will admit to being a bit cool on static caravan parks. I used to live in an area surrounded by them and could never understand why people would want to holiday in them, much less live in them permanently....
Spencer v Taylor- Some Analysis
We have already reported briefly on the Supreme Court decision to refuse permission to appeal to the tenant in the case of a Spencer v Taylor on the grounds that no new points of law were raised. As the solicitor acting for the landlord in the Supreme Court...
The UT Repays Again
Fallon v Wilson & Ors [2014] UKUT 0300 (LC) The Upper Tribunal has again found itself considering the issue of Rent Repayment Orders and has provided some further enlightenment on its position after the case of Parker v Waller (which we wrote about...
Early Compliance
Tummond, R (on the application of) v Reading County Court & Anor [2014] EWHC 1039 (Admin) This is a slightly surprising case involving a judicial review of refusal of permission to appeal. Facts T was an Assured Shorthold Tenant of a property. His...
When is a storey not a storey?
The answer appears to be when it is only for access! Bristol City Council v Digs (Bristol) Ltd [2014] EWHC 869 (Admin) We first reported on this case briefly as a decision of the Bristol Magistrates Court. It has now been appealed by way of case stated and...
The Permissive Notice
Spencer v Taylor [2013] EWCA Civ 1600 This case was flagged recently on the Arden Chambers eflash service. This flash gave some bare bones details and led to much debate on the internal NL email discussion list. However, we now have the vital transcript and...
Partial Regulation Partially Begins
We have previously commented (fairly negatively!) on the plans to introduce compulsory membership of redress schemes for lettings and property management agency work which appeared at the last minute in the Enterprise and Regulatory Reform Act 2013. Slightly...
Half a Storey is no Storey at All*
News has reached us from RH Environmental of a case in Bristol Magistrates on HMO licensing and the counting of storeys. Unfortunately it is not binding but it is nonetheless interesting. The case involves the licensing status of a two storey maisonette on...