This is about loud and disturbing noises. I was going to write up Coventry & Ors v Lawrence & Anor [2014] UKSC 13 when it came out in February, given that it made some significant changes to common law nuisance claims. But it was 249 paragraphs and...
More on post possession order disrepair counterclaims
This is an issue we’ve looked at before, bringing a disrepair counterclaim after a possession order has been made. Now the Birmingham County Court has dealt with the issue on an appeal from the decision of a District Judge. Midland Heart Ltd v Idawah...
The point of having policies….
A post on a County Court case, one well worth looking at for the application of public law principles, the Equality Act and reasonableness. I'm working from a note of judgment, so any quotes should be taken as being from a note, rather than a transcript....
Missing tenants and missing sentences: Council tax and periodic tenancies
Further to my post here on council tax liability for statutory periodic tenancies, I have heard about another Valuation Tribunal case, this time involving a contractual periodic tenancy, and also oddly involving this blog. The issue was council tax liability...
Spencer v Taylor – section 21 news
The Appellant tenant in Spencer v Taylor [2013] EWCA Civ 1600 (our note here) has had permission to appeal to the Supreme Court refused, on the grounds that it did not raise an arguable point of law. This means that the Court of Appeal decision stands. Where...
Pyrrhic victory corner: Costs on appeal from a small claim
Akhtar v Boland [2014] EWCA Civ 943 Just a quick note on this one, after a conversation with a colleague reminded me I hadn't written it up. The details of the case need not detain us, it was a PI case which had been allocated to the small claims following...
Reforming a bad policy, badly.
There has been a lot of noise about the Lib Dem's change of position/u turn on the bedroom tax announced on Wednesday. Out of that noise, it has been possible to glean a little detail about what Nick Clegg, Danny Alexander and the Lib Dem leadership are...
Ghopee. Hopeless.
Dunfermline Building Society v Ghana Commercial Finance Ltd & Ors (2014) QBD (Merc) 16 July 2014 [Not on Bailii. Lawtel note of extempore judgment.] Regular readers will know of our interest in Mr Dharam Ghopee (or Gopee), our very favourite unlawful...
‘We told you so’ corner
The DWP has very belatedly issued the interim review of the bedroom tax (under occupation penalty, removal of the spare room subsidy, whatever). The document can be found here, based on a survey for the period to April/Nov 2013. And the results are......
Historic Neglect
Daejan Properties Ltd v Griffin & Anor [2014] UKUT 206 (LC) is not, perhaps, the most riveting of Upper Tribunal appeals on service charges, but it does have some useful statements and reminders along the way. This concerned a 3 storey Victorian...
Temporary accommodation at a peppercorn rent
This is a fascinating judicial review case. While the specific facts might only apply to a very few people, there is an interesting principle in it which may have wider application. R (OAO Yekini) v LB Southwark [2014] EWHC 2096 (Admin) [Not on Bailii yet....
Bad reviews and a future of bunk beds
Temur v London Borough of Hackney [2014] EWCA Civ 877 This second appeal to the Court of Appeal from a s.204 Housing Act 1996 appeal raises three important questions. Unfortunately, the answers to them are rather brief and rather negative. The issues are i)...