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...
This doesn’t end here…
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...
Service charges and legal costs: am I missing something?
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...
Subletting and Pt 6 waiting time on Iplayer
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:...
Permission and costs
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...
Now that’s gotta hurt
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...
The (Caveat) Emptor strikes back
"All his life has he looked away... to the future, to the horizon. Never his mind on where he was. Hmm? What he was doing. Hmph. Adventure. Heh. Excitement. Heh. A Jedi craves not these things. You are reckless" - Yoda Which brings us nicely to (1) Jenson...
Can we fix it? Yes we can!
I was in B&Q the other day, when a man in an orange overall came up to me and asked if I wanted decking... luckily I managed to get the first punch in. Ok, so that's not the greatest joke in the world (and, as my wife points out, I've never been to...
Possible selective licensing case
For those of you interested in selective licensing under Part 3, Housing Act 2004, we bring you news of a possible judicial review case R (Hooper and others) v Hyndburn DC CO/2010/2184, in which Owen J (sitting in the Manchester District Registry) has just...
The Schleswig-Holstein Question
As Lord Palmerstone might have said: "Only three people have ever really understood this eligibility business - the Prince Consort, who is dead - a German professor, who has gone mad - and I, who have forgotten all about it." That, frankly, sums up my (and,...
Two bites of the cherry?
The Upper Tribunal (Lands Chamber) has, in Earl Cadogan v Cadogan Square Properties Ltd [2011] UKUT 68 (LC), had to grapple with two significant procedural questions involving the LVT and enfranchisement. Cadogan Square Properties Ltd was the nominee...
Size doesn’t matter (again)
We noted Craftrule Ltd v 41-60 Albert Palace Mansions (Freehold) Ltd when it was in the High Court (see our note, here). I won't repeat our earlier note - it's basically about what it means to be a "self-contained part of a building" under s.3, Leasehold...