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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...
Three decisions of HHJ Robinson, sitting as a judge of the Upper Tribunal (Lands Chamber) for your delectation. In Masri v The Wellcome Trust Ltd [2010] UKUT 138 (LC) the respondents had originally demanded c.£19,000 of charges but, after recording a number...
Hopefully, you're either reading this (a) whilst enjoying the long bank-holiday weekend or (b) back in the office after having enjoyed the long weekend. Either way, a case about holiday chalets seemed appropriate at this time. By s.27A, Landlord and Tenant...
I thought that the point of taking a preliminary issue was, well, because the determination of that issue would likely resolve a significant part of the case. In Paddington Basin Developments Ltd and others v West End Quay Estate Management Ltd [2010] EWHC...
The Upper Tribunal (Lands Chamber) is (and has been since June 1, 2009), the appellate body for, inter alia, the LVT and the RPTS. When it was established, it adopted the existing procedural rules previously used by the Lands Tribunal, its predecessor. Those...
The CLG website is reporting that the Mortgage Repossessions (Protection of Tenants) Bill is now an Act, having received Royal Assent on April 8, 2010. The press release explains that, where a mortgagor (other than one under a buy-to-let mortgage) has...
The Secretary of State for Communities and Local Government and the Secretary of State for Children, Schools and Families have issued new guidance to local housing authorities and local social services authorities on housing obligations owed to 16 and 17...