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The BBC has a leaked list of quangos that - potentially - the government is planning/considering to abolish. Of interest to housing lawyers: (a) the Audit Commission (abolish and transfer); (b) National Tenant Voice (abolished - not sure about that, I...
The decision is here. Violation of Art. 8 in the procedural sense only. Minority in Kay approved but, so it appears, Doherty also approved. Strong hints that this is a "time limited" violation, i.e. that Doherty has solved the problem. Paras 73 and 74 are...
The ECHR has announced that Kay v UK is being handed down at 11am (Strasbourg time) tomorrow (Tuesday, September 21, 2010).
Commonhold was introduced by the Commonhold and Leasehold Reform Act 2002 and, in essence, is a new way (i.e. not freehold or leasehold) for flat owners to collectively hold the building containing their flats. It's not proved very popular, with only c.20...
The DCLG has published a breakdown of the expenditure of the sums expended by it - and various other bodies (HCA, TSA, Leasehold Advisory Service) from April 6, 2009 - April 5, 2010. It's all downloadable (as Excel files) from the DCLG website, here. Of...
Sheffield CC v Wall (by her personal representatives), Wall, Ingham, Butler [2010] EWCA Civ 922, is, on any view, an unusual case. The Court of Appeal didn't, however, help matters. Imagine, if you will, that, in 1967, Mr Steven Wall was placed with Mrs June...
As we've previously reported, the National Assembly for Wales has been seeking legislative competence over social housing and gypsy and traveller law. The Legislative Competence Order has now been approved and is available here. It came into force on July...
The extent to which a landlord can be liable for the acts of his tenants is a vexed topic, which we've discussed on a number of occasions before. The cases rather lean against liability. It is, therefore, very interesting to find Mackay J allowing a claim in...
Annulment Funding Company Ltd v Cowey and Cowlam [2010] EWCA Civ 711. We here at NL often joke that, if any of us were appointed to judicial office then we doubt that anyone would ever get possession orders from us; not only are we able to demonstrate a...
What is a house? Rather like the well-known elephant test, this point consistently comes before the higher courts - and many other great thinkers - and, in Day v Hosebay Ltd; Howard De Walden Estates Ltd v Lexgorge Ltd [2010] EWCA Civ 748, the Court of...
National Westminster Bank Plc v Rushmer [2010] EWHC 554 (Ch) is a rather complex case involving enforcement of charging orders. I'm not going to deal with the full background, which is set out in the judgment and in this earlier case, I just wanted to raise,...
Craftrule Ltd v 41-60 Albert Palace Mansions (Freehold) Ltd [2010] EWHC 1230 (Ch) is the first higher court decision on the meaning of "self-contained part of a building" in the Leasehold Reform, Housing and Urban Development Act 1993. Qualifying long...