There are two things in life I really, really enjoy. The first is listening to Queen/Freddie Mercury. The second is leasehold property disputes. I am doing the first whilst writing about the second. The case of Burchell v Raj Properties Ltd [2013] UKUT 433...
Meanwhile, back in Parliament
There was a short (and not particularly well-informed) debate in Westminster Hall yesterday about leasehold property management. Quite amusingly, Nick Boles MP (Under-Secretary of State at CLG) had this to say about the Right to Manage: Nick Boles:... I want...
Wrong to RTB
I see that the Master of the Rolls has just issued a practice direction in respect of (what appears to be) many tens (if not hundreds?) of negligence claims arising out of RTB sales (see here). Reading between the lines, a firm called Tandem Law (see here)...
Sleepwalking into error
I've posted before about the vexed issue of s.81, Housing Act 1996 and default judgments (see here for the most recent county court case; note also the comments to that post which explain that Woodfall has changed its mind). Well, we now have another (minor)...
Who’d be a judge?
I've just been reading Ahmed and others v Mahmood and others [2013] EWHC 3176 (QB) (Lawtel only I think) and I'm totally confused. If anyone who was in the case can help, I'd be very grateful. The defendants lived in a property owned by the claimants. The...
Licenced to ill(founded)
Readers might be interested to know that the ECHR has held that the complaint by Mr Pinnock (of Manchester CC v Pinnock fame) is inadmissible as manifestly ill-founded under art.35 (see here). You'll recall that the Supreme Court decided the issue of...
Shelter and shared ownership
I want to put this post in context: (a) I write this post for myself and do not necessarily speak on behalf of the other NL writers. (b) I have enormous respect for Shelter. I have friends who work there. I make regular donations to Shelter. We have lots of...
The Master across the water
Santander (UK) Plc v McAtamney and other cases [2013] NIMaster 15 is, as the neutral citation should reveal, a case from Northern Ireland, decided by a Chancery Master. It is not, therefore, a binding authority on the law of England and Wales. Nevertheless,...
A broader view
I can't speak for the other NL writers, but one of the things I sometimes struggle with is making sure that I see housing law in its full context, by which I (think I) mean, making sure that I make myself aware of external sources of inspiration and ideas...
Time isn’t on your side
as the Rolling Stones didn't quite say. In Re 28 Pallant House [2013] UKUT 327 (LC), the Upper Tribunal was faced with an application for permission to appeal out of time. The appellant was the long leaseholder of a flat; LB Southwark was her landlord. There...
RICS Service Charge Code: consultation
By s.87, Leasehold Reform, Housing and Urban Development Act 1993, the Secretary of State has power to approve codes of practice in relation to the management of residential long leasehold blocks. Currently, he has approved (for non-retirement properties)...
A timely little reminder
Barney v Eastern Green Ltd [2013] UKUT 331 (LC) is a helpful little reminder of the (limited) power of the LVT (FTT(PC)) to review apportionment issues in service charges. In the present case, the landlord had (pursuant to a term in the lease) reapportioned...