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In honour of the birth (in England) of the new FTT(PC), I bring you a little note about case from the UT(LC), all about forgetting old things. Jastrzembski v Westminster CC [2013] UKUT 284 (LC) concerns some major works. The underlying facts are relatively...
Brusse and another v Jahani BV C488-11 is a case from the European Court of Justice concerning Directive 93/13/EEC, better known to us in this country as the Unfair Terms in Consumer Contracts Regulations 1999. In outline, the Directive (and the Regs) apply...
Riniker v Mattey , Divisional Court, June 7, 2013 (Lawtel note only) is another odd little service charge case. The note isn't entirely clear but, so far as I can see, it concerns the little-used Schedule to the Landlord and Tenant Act 1985. If you're...
We do try here to keep on top of the work of the UT(LC) and so I bring you the following for your delight and enjoyment. First up comes Triplerose Ltd v (1) Grantglen Ltd (2) Cane Developments Ltd [2012] UKUT 204 (LC), a case all about s.47, Landlord and...
Forfeiture is, for the most part, beloved by landlords and hated/feared by tenants. For what might be relatively minor breaches of covenant, you can lose your lease and the landlord make an enormous windfall. The legislative trend is (slowly) in favour of...
In R (Spaul) v Upper Tribunal (Lands Chamber) (Lawtel note only, Admin Ct, 22.5.13 - wrongly noted as being the UT(Administrative Appeals Chamber) we have an odd little case. As you may know, cases in the LVT are appealed to the Upper Tribunal (Lands...
The new First-tier Tribunal (Property Chamber) is - almost - here (we've been warning you about this for a while, see, e.g. here). On July 1, 2013, the new tribunal will burst forth into the world (well, England and, for very limited purposes, Wales) and...
Morshead Mansions has been involved in a quite astonishing amount of litigation. Bailii throws up 13 hits (here), cases in the LVT, Lands Tribunal, High Court and Court of Appeal. It's really must be the most awful burden on all those involved. And now,...
The Leasehold Reform Act 1967 gives qualifying long leaseholders of houses the right, inter alia, to acquire the freehold. The definition of "house" is quite technical, but, in essence, it turns on whether it could reasonably be called a house (even if it...
This may not be a universally held view, but I think we housing lawyers aren't really very good at equality law. We were very late to the party with the Disability Discrimination Act 1995 (the first higher court case wasn't until 2003, with North Devon Homes...
Just a short note to alert readers to the case of LB Islington v Doner [2012] EWCA Civ 1745 (casetrack only, as far as I can tell). Since 2007, Doner had moved into a flat owned by LBI. The secure tenant was the former partner of Doner's grandmother. Doner...
I thought the landlord would lose Daejan v Benson, and, as you all know, the landlord won (see our note here). When NL flagged the next case up to me, I predicted the landlord would lose. And it won. Quite remarkably in my view, but, as is becoming clear,...