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As we noted when writing up Superstrike Ltd v Rodrigues [2013] EWCA Civ 669 (see our note, here), the case left open an interesting - and important - question. If a fixed term has expired and a statutory periodic tenancy arisen, do the requirements in s.213,...
R (Twelve Baytree Ltd) v Rent Assessment Committee [2014] EWHC 1129 (Admin) is that rare beast - a judicial review of the LVT (as it was; FTT(PC) as it is now). It concerns how you withdraw a Right to Manage claim. I confess, when I first heard about this...
Maunder Taylor v SHG-SH20 Ltd 3CL02066 is one of the more interesting (and potentially, important) county court cases I've come across recently (transcript not publicly available; I've got one and am trying to persuade the Landlord and Tenant Reports to...
Gustovarac v Croatia App. No, 60223/09 is a game-changer of a case. A possession case in which the European Court of Human Rights seems to be saying you don't need a proportionality assessment. Now, as you'll all know, there is a line of European Cases,...
I was reading the report from the Senior President of Tribunals (here) and came across some interesting little bits: (a) The President of the Lands Chamber in his report notes that he now has a power to make a protective costs order in cases where there is a...
The DCLG has just published new guidance (available here) on promoting mutual exchange. This is, we are told, an under-used process which can bring happiness and joy to landlords and tenants. For the latter, it is a more realistic option for securing a move...
Morshead Mansions Ltd v Di Marco [2014] EWCA Civ 96 marks the tragic demise of a clever and useful remedy fashioned by Mann J in the High Court case of the same name (our note here). In brief, ss.21, 22, Landlord and Tenant Act 1985 entitle leaseholders to...
The higher courts and tribunals have all been having a busy leasehold-related start to the year. None of these are hugely important, hence doing a short collective note on them. The really important cases will come later this year (Phillips v Francis; Di...
The case of Christoforou and others v Standard Apartments Ltd [2013] UKUT 586 (LC) is now rather less important than it would have been, say, 3 years ago, but is still worthy of note. Mr Christoforou was the leaseholder of a flat in a building of which the...
Before I come to the facts of Scriven and others v Calthorpe Estates [2013] UKUT 469 (LC), I need, I think, to give a fair bit of background. Even by the comprehensive standards of NL, this is pretty obscure. Estate Management Schemes Estate management...
MacGregor v B M Samuels Finance Group Ltd [2013] UKUT 471 (LC) was, I'm afraid, handed down over two months ago. Such is the state of the NL backlog that I'm only getting to it now. Sorry about that. As those of you who could not wait must have already...
In the December edition of Legal Action, I noticed a decision from November 2012 (yes, 2012), called Miah v McGrogan [2012] EWCA Civ 1685 (Casetrack only). Mr Miah seems to have been the landlord of a house which had been let to a number of students. They...