A Less Beneficial Interest

Thompson v Hurst [2012] EWCA Civ 1752 This is a rather fact specific case which shows application of the principles of Stack v Dowden and Kernott v Jones. Our report on Kernott which covers the whole debate is here. Background H was the tenant of a local authority and had been since 1983. In 1985 […]

Give Me Back My Money

We bring you two interesting reports from the world of Rent Repayment Orders. Briefly, these stem from a power under s73 and 74 of the Housing Act 2004. These sections allow a Residential Property Tribunal to award a tenant or local authority the return of rent or housing benefits where the landlord has been operating […]

The Article 8 Toys Go Back in the Box

Thurrock Borough Council v West [2012] EWCA Civ 1435 The Court of Appeal has handed down judgement in a case that will probably come to characterise the operation of Article 8 in the daily life of the County Courts. Facts W’s grandparents (or great grandparents, there was some doubt) were tenants of T. W had […]

Informing Deposits

Ayannuga v Swindells (2012) CA (Civ) 6 November 2012. On Lawtel but not on BAILII yet. The Court of Appeal has recently ruled on a tenancy deposit protection case regarding the issue of prescribed information. Here T had paid a deposit and L had protected it in one of the approved schemes but he had […]

Haigh, Squatting is Now Illegal

The Evening Standard is reporting the sentencing of the first person under the new anti-squatting provisions in the LASPO Act. Alex Haigh received 12 weeks in prison. Unfortunately Mr Haigh appeared to be unaware that squatting was now an offence and admitted to Police that he was a squatter. I am not going to repeat […]

Squatting: The MoJ Guide

We have had a lot to say about squatting. In fact those of you who are quick may even be able to see one of the authors of the blog on television talking about it today! With the new legislation criminalising squatting due to come into force at the weekend (presumably to catch out those […]

The Deposit Alignment

Johnson v Old, Brighton County Court We have not yet written about this case even though the first instance decision was reported in Legal Action. As it turns out this has been useful as the original decision, as written up in Legal Action has been set aside on appeal to a circuit judge. While this […]

The Cold Renormalisation

Liverpool City Council v Kassim [2011] UKUT 169 (LC) A thank you to the EHP who brought our attention to this case. The full decision is also available as a pdf at the end of their post until the Lands Tribunal catches up. Mr Kassim owns a rented flat. It was inspected by Liverpool who […]

The Unbeatable Litigant in Person*

Birmingham City Council v Richard Lloyd (2012) CA Civ 23 May 2012 (On Lawtel but not on BAILLI) A short note on this hearing as it is a situation which is likely to become far more common. Birmingham Claimant had lost a claim for possession against L. They appealed. At the hearing of their appeal […]

A taxing question

Macattram v Camden London Borough Council (2012) QBD (Admin) On Lawtel but no on BAILII This is an interesting little problem involving the payment of Council Tax. The landlord had rented the property to the Council. They had used it to house homeless people. The property was rented for a fixed term of three years […]