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In Joyce v Epsom & Ewell BC [2012] EWCA Civ 1398, the Court of Appeal were faced with a not dissimilar case to the classic Crabb v Arun DC [1976] 1 Ch 179, at least in so far as it was a claim to an easement against a local authority by way of...
Konodyba v Royal Borough of Kensington and Chelsea [2012] EWCA Civ 982 This was an appeal against a decision that a homelessness applicant was not eligible for assistance. It’s been on my blogging to-do list since July, for which I can only...
Thurrock Borough Council v West [2012] EWCA Civ 1435 The Court of Appeal has handed down judgement in a case that will probably come to characterise the operation of Article 8 in the daily life of the County Courts. Facts W's grandparents (or great...
None of us I think can be blamed for presuming that in statutory homelessness appeals, costs ought to follow the event. It seems, though, that not all judges view appeals in this way and the Court of Appeal will shortly be looking at this issue in...
The DCLG has released statutory guidance on: the changes that the Localism Act 2011 makes to the homelessness legislation. It also provides guidance on the Homelessness (Suitability of Accommodation) (England) Order 2012. This supplements parts of...
Ayannuga v Swindells (2012) CA (Civ) 6 November 2012. On Lawtel but not on BAILII yet. The Court of Appeal has recently ruled on a tenancy deposit protection case regarding the issue of prescribed information. Here T had paid a deposit and L had...
Now this is just getting silly. We have a third case this year on s.37, Landlord and Tenant Act 1987. Nothing for 20 years and then three in 11 months. In short, this is a power for the LVT to vary residential leases where a qualified majority of...
Gala Unity Ltd v Ariadne Road RTM Co Ltd [2012] EWCA Civ 1372 is important for those doing long leasehold work. I'm not entirely sure it's right (or, perhaps a better way of putting it, I'm not sure it's a good decision, it may be right within the...
The Upper Tribunal (Lands Chamber) has handed down two more LVT service charge appeal decisions and, hot on the heels of BCC v Keddie / Crosspite v Sachdev, it rather feels like the UT is on a bit of a mission to establish some general rules and...
A case perhaps best filed under the 'Ooops' category, which only took a trip to the Court of Appeal to sort out Spicer & Anor v Tuli & Anor [2012] EWCA Civ 845 Spicer and Shinners were Law of Property Act 1925 receivers, appointed under a...
Does the landlord's repairing duty under Section 11 Landlord and Tenant Act 1985 extend to damage by fire, flood or tempest? LB Hammersmith and Fulham v Carty is a County Court judgment reported on Hardwicke Chamber's site which raises some...
Well, well. A successful proportionality defence on an introductory tenancy and one upheld on appeal. There is also some helpful confirmation about what can be considered in assessing proportionality. Southend-on-Sea Borough Council v Armour (2012)...