The Court of Appeal has - today - given judgment in R (Liverpool CC) v London Borough of Hillingdon and Ayan Khan (interested party) [2009] EWCA Civ 1702, a case concerning two local authorities who were in dispute over which one of them should be providing...
Ask and ye shall receive
Yesterday evening I asked for more information about Dixon v Wandsworth LBC (No 2) [2009] EWHC 27 (Admin) and, by the next morning, two copies of the transcript had made their way to my inbox. My gratitude to The Chief and to William Flack of Flack & Co,...
Desperately Seeking Dixon
Garden Court chambers have a note of a case called Dixon v Wandsworth LBC [2009] EWHC (Admin) 27. It isn't on Bailii, Lawtel or Casetrack. I know that some Garden Court people read this blog and if anyone has more information about it (or a transcript)...
How to get round the s.17/s.20 debate.
The housing/social services relationship is one of the "hot topics" in housing law at the moment and, before we come to R (on the application of A) v Coventry City Council [2009] EWHC 34 (Admin), a bit of background is needed. A bit of background There are...
Local Housing Authorities to build new homes… perhaps
Local government finance is a fascinating area. Honestly. Those local housing authorities which still retain housing stock are required keep records of their housing income and expenditure. They also operate a Housing Revenue Account ("the HRA"). The HRA is...
No no she's not dead, she's, she's restin'!
Newport City Council v Charles [2008] EWCA Civ 1541, The Times, 11 Aug 2008 [now on bailii] The transcript for this (factually remarkable but legally straightforward) case has only just been produced, hence the delay in covering it. The appellant, Mr...
Right to Buy leases and service charges
Leicester City Council v Masters LRX/175/2007 (links to a .pdf) Pursuant to the Right to Buy provisions, the respondent purchased a leasehold interest in his flat in April 2005. As readers will know, where someone is purchasing a leasehold interest under the...
Procedure in the Lands Tribunal
The Lands Tribunal has handed down a number of important decisions in the last week that those working in the field of leasehold enfranchisement need to be aware of. Earl Cadogan v Erkman LRA/56/2007 & LRA/68/2007 (links to a .pdf file) concerns attempts...
Discretionary Housing Payments
R (Gargett) v LB Lambeth [2008] EWCA Civ 1450; on appeal from [2008] EWHC 663 (Admin). A Discretionary Housing Payment (DHP) is a discretionary payment made by a local housing authority to a person who is (a) in receipt of housing benefit or council tax...
Effluxion of time and enfranchisement
Ackerman and another v Lay and others [2008] EWCA Civ 1428 (not on Bailli, but available via Lawtel) The appellants/tenants were the leasehold owners of a building and the respondents were the freehold owners of the same. The building had been subdivided...
Enfranchisement – is it all hope(value)less?
Earl Cadogan and other v Pitts and another; Earl Cadogan and another v Sportelli and another [2008] UKHL 71 Enfranchisement is the process whereby leaseholders can force their freeholder to sell them the freehold of the property. The Leasehold Reform Act...
What is a service charge?
Morshead Mansions Ltd v Leon Di Marco [2008] EWCA Civ 1371 Service charges. Much more interesting than tolerated trespassers. Honestly. Sections 18 - 30 Landlord and Tenant Act 1985 contain a detailed regulatory framework for service charges in residential...