No, not a post about the time-management skills of barristers, rather, some research that Z2K are putting together. As they say: Concern is mounting about councils, especially in London, delaying completion of homelessness reviews until right at the end of...
Getting around Tuitt
Anti-social behaviour cases are one of the staple cases for the young barrister. If acting for landlords (whether local authority or housing association), they're a great way to develop trial experience in a relatively low-risk environment. I say "low risk"...
Penal notices and warrants
Lawtel had a short note on a case called Bank of Ireland v Shah and another (QBD, 20.11.14) this week and I was wondering if anyone knew any more about it. According to the note, the Bank had a possession order against Mr Shah arising out of a mortgage. When...
Rooting out heresy
This is a post about the consultation provisions in ss.20, 20ZA, Landlord and Tenant Act 1985, applicable in respect of service chargeable costs. If you're not interested in long leasehold law (which, looking at the site stats for most popular pages, is most...
A short note on leasehold costs
The UT(LC) has published an addendum to Daejan Properties Ltd v Griffin [2014] UKUT 206 (LC) (our note here). The substantive case was about historic neglect. In outline, the leaseholders had won in the FTT and the UT overturned the decision, The UT invited...
Costs and forfeiture
Barrett v Robinson [2014] UKUT 322 (LC) is very, very important decision on costs from the Upper Tribunal (Lands Chamber). It came out a few weeks ago and I've been promising to do it since then. Sorry. You'll be aware that most, if not all leases, have a...
Simply unacceptable
Most, if not all, of the London-based readers of this blog will have experience of the "unassigned list" at Central London County Court. In short, a number of cases (today, as I understand it, at least three s.204 apppeals and a sub-letting possession...
Register your s.13 notices
The title of this post lacks much creative input, but sometimes it's better to be clear than amusing. The recent decision in Regent Wealth Ltd and others v Wiggins [2014] EWCA Civ 1078 is a clear reminder to practitioners to register notices under s.13,...
Mortgage possession defences
I can distinctly remember my university lectures on mortgages. Not the content - I don't think I ever really understood that - but the "gap" that existed (and still exists) between the popular understanding of what a mortgage is and what, in law, it amounts...
In the garden of Eden
Lawtel had an interesting note on a permission to appeal case earlier this week - Mount Eden Land Ltd v Bolsover Investments Ltd (Ch.D, 20.6.14). Mount Eden Land Ltd (also known as the Langham Estate) had the freehold of an office block. Bolsover Investments...
Come friendly bombs…
Terrorism insurance is an increasingly contentious issue in service charge cases; in short, many leaseholders think it is unnecessary and simply serves to increase the their service charges (and, potentially, acts as an additional source of commission for...
Former landlords and s.20B LTA 1985
In Ground Rents (Regisport) Ltd v Dowlen [2014] UKUT 144 (LC), the Upper Tribunal (Lands Chamber) had to – once again – grapple with s.20B, Landlord and Tenant Act 1985. The facts are quite straightforward. Imagine, if you will, that there is a modern...