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 […]

Substantial Dispute

Benesco Charity Ltd v Kanj & Anor [2011] EWHC 3415 (Ch) CPR55.8 has been the the subject of a surprising amount of appellate interest recently. For those of you not nodding sagely at this point CPR55.8 deals with the Courts obligations at a summary possession hearing. Put simply the Court has two choices at such […]

How Gratuitous is Your Licence

Potter v Dyer [2011] EWCA Civ 1417 This is another rather sad and complex case with a fairly convoluted set of facts. Mr & Mrs Potter (senior) acquired a farm and farmhouse as a single unit in 1947. In 1966 they let the whole of the farm and farmhouse to themselves as a joint tenancy […]

Sometimes Turning Up Is Optional

Hardy & Anor v Haselden & Ors [2011] EWCA Civ 1387 Excuse the (slightly flippant) title which is a backhanded reference to a recent post by NL. This is actually a slightly sad case. It is also slightly convoluted set of facts so you will have to bear with me. Facts Mr & Mrs Haselden […]

Water Under the Bridge

Rochdale Borough Council v Dixon [2011] EWCA Civ 1173 Apologies for the late delivery of this case note which has been held up by a blizzard (of work rather than the kind afflicting the Eastern USA). This case is somewhat complicated and involved so you will have to bear with me. In summary it consists […]

Mastering Dilapidations

Lord Neuberger MR recently gave a speech to the RICS conference on dilapidations. This conference focuses on dilapidations in commercial property and the speech partly discussed the forthcoming dilapidations pre-action protocol and so might be thought to be of litle interest to readers of this blog. However, the Master of the Rolls made some comments […]

Squatting- A Reply to Mike Weatherley MP

The debate on squatting has become highly polarised and increasingly bad tempered. Mr Weatherley’s salvo is merely the latest in a range of unhelpful comments that make for good newspaper sales but achieve little. It falls to me to open the NL team’s reply. In fairness to Mr Weatherley squatters sometimes fail to do themselves […]

Back in the Consulting Room

The London Borough of Newham is holding a consultation on the introduction of selective licensing accross the whole borough. Selective licensing is a byproduct of the HMO licensing provisions in the Housing Act 2004. It permits a local authority to licence all landlords in a specific area where that area is one of low housing […]

Short of Money but Not Short of Rent

Christina Sharples v Places for People Homes Ltd, Stephen Godfrey v A2 Dominion Homes Ltd [2011] EWCA Civ 813 This is actually two appeals which deal with an important question about insolvency and bankruptcy and whether monies that form part of the bankruptcy can be counted as arrears of rent for the purposes of obtaining […]

A Not So Unlawful Eviction

R v Q [2011] EWCA Crim 1584. On Lawtel but not on BAILII This is an appeal concerning s1(3A), Protection From Eviction Act 1977. This subsection was inserted by the Housing Act 1988 and was intended to fix a problem with s1(3). S1(3A) reads: Subject to subsection (3B) below, the landlord of a residential occupier […]