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R (Cala Homes (South) Ltd) v Secretary of State (No.2) [2011] EWCA Civ 639 is one that we may have missed when it first came out (or we decided not to do it - we can't quite remember now), but, given that I have some free time this morning, I thought I'd do...
Jayashankar v Lloyds TSB, Romford County Court, June 29, 2011. A short - and important - point on mortgage possession proceedings. It appears that Mr Jayashankar had a mortgage over his property in favour of Lloyds TSB. He fell into arrears (about £14K at...
Southall Court (Residents) Ltd v Tiwari and another [2011] UKUT 218 (LC) will, I suspect, become a bit of a landlord favorite case over the next few years as it contains two passages that they're likely to be rather pleased about. Southall Court is a block...
Zinda v Bank of Scotland [2011] EWCA Civ 706 In short, as you all know, the combined effect of ss.36 and 8, Administration of Justice Acts 1970 and 1973 is to allow a court hearing a claim for possession based on mortgage arrears, to, amongst other things,...
Ok, this really is a short note. The Residential Property Tribunal Service (those nice people who run LVTs, RACs and RPTs) have announced that, from July 1, 2011, they will be administered by HM Court and Tribunal Service and that, from Spring 2012, they...
The government is consulting on two technical (and, I suspect, wholly uncontroversial) changes to leasehold law. The consultation paper is available here, with responses required by September 12, 2011. Security of tenure Where a long lease comes to an end by...
I’ve just noticed that the Government amended the wording for Ground Rent demands (s.166, 2002 Act) on April 26, 2011 (see here: http://www.info4local.gov.uk/documents/publications/1905195). The change is in para. 3 of the Notes for Leaseholders. It used to...
Jean-Paul and another v LB Southwark [2011] UKUT 178 (LC) is, I suspect, going to cause some difficulties for LVTs (and lawyers) up and down the country. It concerns two points. When are costs "incurred" for the purposes of s.20B, Landlord and Tenant Act...
Forgive me for what may turn out to be a silly question, but this is something I've been thinking about recently and wanted to see what everyone else thought. Leasehold property and legal costs A well-drafted lease will usually contain a provision requiring...
People who unlawfully sublet social housing (often at a vast profit) are, in my view, dishonest and immoral fraudsters who deserve a range of punishments too awful for a family-friendly blog like this to describe. I suspect that the makers of Council Houses:...
Cockett v Moore [2011] EWCA Civ 493 (Casetrack only; noted on the GC Bulletin). The Court of Appeal has refused permission to appeal in this costs dispute. Mr Moore was the tenant of Ms Cockett in a one bed flat. There appear to have been a series of tenancy...
Just a short note on Leeds cc v Price (LSC intervening) [2011] EWHC 849 (QB) because it isn't a housing case at all. It's the costs fall-out from Price v Leeds CC [2006] UKHL 10; [2006] 2 A.C. 465 (the other case with Kay v LB Lambeth). You'll remember that...