A friend of NL (who will remain nameless unless he wants to out himself in the comments) has asked if we would post a question about statutory periodic assured tenancies, in order to try and generate a bit of debate (and, perhaps, even work out the answer to...
The famous five
News reaches us here at NL towers about five gateway B cases that are due to be heard shortly. Apparently some or all of the authorities (Manchester, Birmingham, Hounslow, Leeds and Salford), together with the government, were trying to get the cases...
‘Ard en fast rule*
James v Birmingham City Council [2010] EWHC 282 (Admin) is a further dispute about the power of the court to vary an ASBO. A magistrates court may make and ASBO against any person over the age of 10 if it can be proved (to the criminal standard of proof,...
Perhaps you should get a move on?
R (Joseph) v LB Newham [2009] EWHC 2983 (Admin) We noted the permission decision in this case back in September 2009 when I expressed the view that, if Newham lost this case then some fish-based humiliation was due to them. Well, the claim for judicial...
One for the surveyors…
Re Flat 3, 49-51 Cheval Place, London, SW7 1EW LRA/123/2009 Certain qualifying tenants of flats are, pursuant to the Leasehold Reform, Housing and Urban Development Act 1993, entitled to acquire an extended lease of their flat in exchange for a statutorily...
The end of the road
The Supreme Court has refused permission to appeal in Birmingham City Council v Qasim et al (our notes on the Court of Appeal and county court decisions are here and here, respectively). As our friends at the UKSC blog previously noted, it would be helpful...
When does a tenancy begin?
Lynch v Kirby, QBD, 28.1.10 before Nicola Davies QC sitting as a Deputy Judge is - according to Casetrack - in the process of being written up. I became aware of it as a (very) short note on the Garden Court bulletin last Monday. I doubt that it'll set the...
How did this happen?
.... or something to that effect, is what I imagine HHJ Purle QC said when he got the papers in Pick (Trustee in bankruptcy of Sharon Sumpter) v Sharon Sumpter & George Sumpter, Chancery Division, 3.2.10 - Lawtel note only The claimant, as trustee in...
Variation of service charges
Shersby v Grenehurst Park Residents Co Ltd LRX/142/2007 Upper Tribunal (Lands Chamber) The appellant held a lease of a flat in a former mansion house. The wider estate comprised 17 such flats and a number of freehold houses and mews cottages. In total there...
Farming today
Kakas v Farmer, Court of Appeal, 29.1.10 (extempore judgment, only available as a lawtel note) Section 27, 1988 Act creates a statutory tort of attempting or actually depriving a residential occupier of his occupation of some or all of the premises....
Rack rent, enfranchisement and intermediate leasehold interests
McHale v Earl Cadogan [2010] EWCA Civ 14 is, it's safe to say, probably not going to be one of the most discussed cases on NL this year, but we are nothing if not comprehensive and couldn't fail to write it up. Collective enfranchisement is the process...
Its all in the name
The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 has just been laid before Parliament in draft form, to come into effect on April 1, 2010. A copy is available here. In short, it makes it compulsory for local authorities...