The Landlord and Tenant Act 1985 contains various protections for leaseholders and assured tenants against unreasonable service charges (see, e.g. s.19, 1985 Act). By s.26, 1985 Act, tenancies granted by local authorities, National Park authorities or a new...
Localism Part Deux
The Localism Bill had a second reading in the Commons yesterday. One amendment (Labour) was tabled and defeated. Looks like the significant amendments will be made in Committee. Not - I must say - the best quality debate ever as it appears to have been...
I’m not talking to you
Following on from the news that LEASE (the Leasehold Advisory Service - a quango) had not been granted funding to continue to advise the public on commonhold issues (see our note, here), comes the news that it is to stop offering mediation services in...
Take only what you need
Hemphurst Ltd v Durrels House Ltd [2011] UKUT 6 (LC) is, I suspect, going to go on appeal to the Court of Appeal. Certainly, if you practice in the field of leasehold enfranchisement, it's one you'll want to know about as it's pretty important. In general...
Marriage value
McHale v Cadogan [2010] EWCA Civ 1471 is turning into a bit of a Jarndyce v Jarndyce. We noted the first part of the Court of Appeal decision earlier in the year here and ended it by saying: "The appeal also raised another issue, namely whether the...
On the fourth day of Christmas, my true love gave to me…
... a case about service charges, balancing payments, LVT procedure and precedent. In Holding and Management (Solitaire) Ltd v Sherwin [2010] UKUT 412 (LC), the Upper Tribunal (Lands Chamber) had to grapple with s.20B, Landlord and Tenant Act 1985. This...
And so, farewell…
The MoJ has published the list of county courts that will be closed in England and Wales. The BBC has the full list here (it includes county courts and magistrates' courts). The government claims that 85% of people will still be within 1 hr (by public...
Tis the season for giving (2)
As you all know, we six merry souls write NL because, well, we love housing / landlord and tenant law. Our fearless leader has even been described as a "nut"* for the subject. We're glad that we can produce something that people find useful but, even that is...
Tis the season for giving (1)
Leeds and Yorkshire Housing Association v Vertigan, Court of Appeal, December 9, 2010 (Elias LJ, Norris J, Lawtel note only) Vertigan was the assured shorthold tenant of the claimant. Over the years, it seems that he had done a number of things of which his...
Borscht with your Royale?
Continuing the food-related nature of our posts on Art. 8, ECHR cases (see, inter alia, here and here) we've got a bit of cold borscht from Ukraine in the case of Kryvitska and Kryvitskyy v Ukraine App. No. 30856. Like a bowl of borscht, I'm not quite sure...
A (council) taxing matter
Malik v LB Tower Hamlets [2010] EWHC 2921 (Admin) And so, another council tax/HMO appeal finds its way to the High Court. For those of you wondering why you've suddenly seen more of these in the last year or so, there are two answers: (a) a suddent and...
I’m just venting
Bilgili v (1) Paddington Churches HA & (2) Pathmeads HA [2010] EWCA Civ 1341 (only available on Casetrack, so far as I can tell, but noted in the GC bulletin [edit: eventually appeared on BAILII) is a refusal of permission to bring a second appeal in -...