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...
Making it clear
Keeney Construction Ltd v Dr Zoe Brooke and others [2013] UKUT 329 (LC) is an odd little case (an opening phrase I tend to use a lot when talking about UT appeals). The substantive issue concerned a lease variation application under s.35, Landlord and Tenant...
Water, water everywhere…
There are those who say that service charges are a dry subject. To them I say, welcome to Wallace-Jarvis v (1) Optima (Cambridge) Ltd (2) Khazai [2013] UKUT 328 (LC). The leaseholders at a development were concerned that their service charges were too high...
No-one to talk to
BDW Trading Ltd v South Anglia Housing Ltd [2013] EWHC B10 (Ch) is important and deserves much wider coverage than it has otherwise got. Before turning to the facts, lets just remind ourselves of the provisons of ss 20, 20ZA, Landlord and Tenant Act 1985. In...
Confirming my irrational prejudice
I've never liked the Gower. I recognise that, objectively, it's quite beautiful, but it was ruined for me by a camping holiday as a child. It was cold and wet. The rain was almost biblical in volume. There was nothing to do. And I ran out of books to read....
The BBC and the PRS
Last Thursday night, BBC 1 broadcast Meet the Landlords. It's still available on Iplayer, here. It just confirms my view that - save for limited circumstances - one person should not be allowed to own the home of another. Others may have different reactions...
Allocations: where have all the claims gone?
Allocations under Pt.6, 1996 Act. A big topic. A sexy topic. A true behemoth of a topic. And, for reasons that aren't entirely clear to me, a topic that isn't giving us very many cases these days. Which is odd, given the ever-growing tendency by local...