Medley

Here are various bits and pieces, while we await big cases such as the Supreme Court decision in Poshteh v RB Kensington & Chelsea. (You can watch the hearing here.) We don’t usually promote events on Nearly Legal, but I am happy to make an exception for this one. Cornerstone Barristers are hosting the inaugural […]

Failings and functions

BBC News reported on the effect of the Retaliatory Eviction provisions in the Deregulation Act, some 16 months on. A large scale FOI request produced the result that only 19% of councils had recorded stopping even 1 retaliatory eviction through service of an Improvement Notice or Emergency Remedial Action Notice. This does not come as […]

Who knows where? – service and the Land Registry

Service of notices, claims etc on ‘last known address’ can be a bit of a thorny issue. Not least the question of the extent of reasonable inquiries to find the missing person before the ‘last known address’ can be relied on for service. Thus the intriguing possibilities in: Oldham Metropolitan Borough Council v Tanna [2017] […]

Job ad – Birmingham

Shelter Paralegal £20,503-£21,528 pa, plus excellent benefits Birmingham Closing date: 26 February 2017 (at 11.30 pm) We’re looking for a results-driven, commercially aware individual to join our efficient legal team in Birmingham as a Paralegal. While direct experience of housing litigation and legal aid would be ideal, we are more interested in your intellectual aptitude […]

Service charges, contracts, social housing and subsidies

Thomas Homes Ltd v Colin MacGregor [2016] UKUT 495 (LC) An interesting question. To what extent, if at all, can leaseholders’ service charges be set at a level to ‘subsidise’ a shortfall as against actual maintenance costs in service charges recoverable from social tenants in flats provided under a section 106 agreement. The difficulties in […]

Job ads – Slough, Camden, Holborn, Colchester

Shelter Solicitor £33,238 – £35,758 pa (depending on experience), plus excellent benefits Slough Closing date: Monday 6th March 2017 at 11.30 pm We’re looking for an accomplished housing Solicitor to deliver a specialist legal casework service in housing law, to represent homeless people or people in housing need. If you want to experience housing litigation […]

Reasonable costs of Improvements

The London Borough of Hounslow v Waaler [2017] EWCA Civ 45 We saw the Upper Tribunal take a new approach to determining whether the costs of improvement works, passed on through the service charge, were reasonably incurred. The UT held that particular consideration should have been given to the views of the leaseholders, whether they […]

Job ad – N London

Camden Community Law Centre seeks Housing Solicitor, salary negotiable (depending on experience) Closing date: 13 February 2017 5pm We’re looking for an accomplished housing Solicitor with 3 years PQE or equivalent to deliver a specialist legal casework service in housing law, to represent homeless people or people in housing need. See www.cclc.org.uk/about/job-vacancies or email admin@cclc.org.ukstating clearly your email subject “Housing Recruitment”. […]

Perception of doors*

Southwark Council v Various Lessees of the St Saviours Estate [2017] UKUT 10 (LC) (Full disclosure – my firm acted for the Lessees). The issue in this Upper Tribunal case was whether LB Southwark was entitled charge the leaseholders for works to replace communal doors and front entrance doors carried out during fire safety improvement […]

‘Solicitor’s agents’ yet again – no rights of audience?

Following on from this post and then this one, there are further developments on the issue of rights of audience for ‘solicitors agents’ or ‘advocates’ – those who turn up to represent a party despite not being qualified to provide advocacy on their own behalf – and while not definitive (county court decisions only), it […]