This was a failed succession case where an article 8 proportionality defence was, at least in part successful. Our thanks to Legal Action 'Recent Developments in Housing Law' January 2013 for bringing it to our attention. Affinity Sutton Homes Ltd...
All the blog posts, most recent first
Same old, same old
People who are both regular readers of this blog and interested in the LVT (admittedly a small number) will know that the UT(LC) has been doing the judicial equivalent of laying the smack down on the LVT for deciding cases on points that no-one...
A Less Beneficial Interest
Thompson v Hurst [2012] EWCA Civ 1752 This is a rather fact specific case which shows application of the principles of Stack v Dowden and Kernott v Jones. Our report on Kernott which covers the whole debate is here. Background H was the tenant of a...
Three of a kind beats two of a pair
Arnold v Britton [2012] EWHC 2451(Ch) is the third holiday chalet / service charge case we've covered in short order (the other two are here and here). Coincidence or evidence of a growth area of work I wonder? Anyway, back to the case. The issue...
The anachronistic roundabout
An odd appeal on an adverse possession case, of no legal interest per se, but entertaining on the facts. Devanney v LB Hounslow [2012] EWCA Civ 1660 [not on baili yet. Transcript on lawtel] Mr D operated a mobile cafe from a layby on the edge of...
This seems to be taking a while
Back in May 2010, we covered the case of Philips v Francis (QBD, Truro District Registry) on whether or not holiday chalets let on long leases were "dwellings" within the meaning of the Landlord and Tenant Act 1985, and, hence, the service charges...
Post-Christmas lull
Those few days between Christmas and New Year were always quite a lot of fun in our household. You'd finally have the time to catch up on the excellent Christmas TV (i.e. you could watch the hours and hours of stuff you'd recorded on your video...
Of elves, statistics and the turn of the year
In the slow, dark days between Christmas and New Year, it is customary to reflect on the past year, plucking out whatever crumbs of comfort, or acorns of change may be found. So, in the spirit of grudging introspection, I've taken a look at the...
Request for information
[Updated 20/12/12. See below] There is a rather odd case note on Lawtel on a High Court appeal of a dismissed defence to possession following an apparently failed succession... Evans v Brent London Borough Council QB (Ramsey J) 18/12/2012 [note of...
I think someone has got a little confused
According to this article, the Residential Landlords Association are up in arms about the European Court of Human Rights being about to rule on article 8 defences in a case affecting private land owners. Richard Jones, the RLA policy director (and...
Tis the season…
As you all know, the assorted (very assorted) lawyers that make up the NL team do this for the love of it (though heaven knows it is a demanding relationship at times). We’re glad that we can produce something that people find useful but mostly we...
ASB and Possession
Birmingham CC v Ashton is a case which illustrates the difficulty that judges face when they are invited to make possession orders on the grounds of nuisance and anti-social behaviour against tenants with mental health problems. The Council relied...