There was an interesting case-note on Lawtel this week which I suspect most of you saw. The case was LB Enfield v Phoenix and others, High Ct, March 19, 2013, and seemed to concern the circumstances in which a possession claim can properly be issued in the...
Would you like ketchup with that hat?
Ok. Confession time. For the last year or so, I have been confidently predicting (often vocally and to unsuspecting passers-by) that the landlord would lose its appeal in Daejan Properties Ltd v Benson [2013] UKSC 14. Well, the landlord won.* And so I have a...
Catching up with the LVT
Sorry (both to readers* and the rest of the NL team) for the delay in getting these done. We've had a few Upper Tribunal (Lands Chamber) cases over the last few weeks and I've been rather less efficient than I had hoped. So, here goes. LB Southwark v Bevan...
Job Opportunity
Now, whilst this may look a bit cheeky, I think this is pretty interesting. The Upper Tribunal (Lands Chamber) is recruiting for a Deputy President (see here) and, exceptionally, the Lord Chancellor has agreed to waive the requirement that you already be a...
CLG on PRS
The CLG Select Committee was hearing evidence today on reform in the PRS. The evidence session is available to watch online, here.
Same old, same old
People who are both regular readers of this blog and interested in the LVT (admittedly a small number) will know that the UT(LC) has been doing the judicial equivalent of laying the smack down on the LVT for deciding cases on points that no-one raised and...
Three of a kind beats two of a pair
Arnold v Britton [2012] EWHC 2451(Ch) is the third holiday chalet / service charge case we've covered in short order (the other two are here and here). Coincidence or evidence of a growth area of work I wonder? Anyway, back to the case. The issue was whether...
This seems to be taking a while
Back in May 2010, we covered the case of Philips v Francis (QBD, Truro District Registry) on whether or not holiday chalets let on long leases were "dwellings" within the meaning of the Landlord and Tenant Act 1985, and, hence, the service charges payable by...
Post-Christmas lull
Those few days between Christmas and New Year were always quite a lot of fun in our household. You'd finally have the time to catch up on the excellent Christmas TV (i.e. you could watch the hours and hours of stuff you'd recorded on your video player)....
Nothing to see here
Just two short notes on recent UT(LC) cases that I was asked to cover. They're pretty unimportant in the scheme of things, but we do try to be comprehensive. In Freehold Managers (Nominees) Ltd v Piatti [2012] UKUT 241 (LC), the issue was the payment of an...
Welcome to the Property Chamber
Fun and games awaits us on May 1, 2013. You may remember that the government has previously announced plans to merge a range of property-related tribunals (LVT, RAC, etc) into the First Tier Tribunal (Property Chamber) (see our notes here and here). In a...
My cup runneth over
Now this is just getting silly. We have a third case this year on s.37, Landlord and Tenant Act 1987. Nothing for 20 years and then three in 11 months. In short, this is a power for the LVT to vary residential leases where a qualified majority of occupants...