In London Tara Hotel Ltd. v Kensington Close Hotel Ltd [2011] EWCA Civ 1356 the dispute involved two hotels located in Kensington (the Kensington Chelsea Hotel (“KC Hotel”) and the Copthorne Tara Hotel (“Tara Hotel”)) and concerned a private road...
All the blog posts, most recent first
When should an offer be ‘suitable’?
Abed v City of Westminster [2011] EWCA Civ 1406 Is an offer of temporary accommodation under s.193(5) Housing Act 1996 unlawful if the Local Authority has not assessed the suitability of the accommodation before making the offer? This was the issue...
Transfers and allocations: Pt 2 (a footnote)
We reported on the interesting High Court decision in Babakandi v Westminster CC [2011] EWHC 1756 (Admin) (a post-Ahmad challenge to Westminster's housing allocation scheme) and made a few observations of our own on the judgment, most notably...
“Landlords from hell”
Just a quick note to remind people that the second of Channel 4 Dispatches on 'Landlords from hell" is on tonight at 8.30. It is billed as: Jon Snow and a team of undercover reporters find out what really happens to those desperate to find a home,...
Land Registration and its circumvention
Chaudhary v Yavuz [2011] EWCA Civ 1314 It is a basic principle of land registration, reinforced by the Land Registration Act 2002, that the holder of an adverse interest to a title should protect that interest by entering a notice on the register...
Sometimes Turning Up Is Optional
Hardy & Anor v Haselden & Ors [2011] EWCA Civ 1387 Excuse the (slightly flippant) title which is a backhanded reference to a recent post by NL. This is actually a slightly sad case. It is also slightly convoluted set of facts so you will...
That must be annoying
Butt v LB Hounslow [2011] EWCA Civ 1372 is, frankly, daylight robbery. You'll remember that in Bubb v Wandsworth (our note here), the Court of Appeal made clear that the county court on a s.204 appeal should not start finding facts. Ever. So, we...
Don’t be a newcomer
One of the best known judgment in the English speaking world is Miller v Jackson [1977] QB 966. The start of the judgment of Denning LJ (for it is he) is worth setting out, just to remind you all: In summertime village cricket is the delight of...
You’re ‘avin’ a giraffe
Francis v LB Southwark [2011] EWCA Civ 1418 This was a brave attempt to try and get something out a local authority’s mistaken denial of a right to buy application, but it was not one which the Court of Appeal had any truck with. Mr Francis was a...
Aidez-nous! (well, if you fancy it)
[Update 4 Dec 2011: We have had a lot of responses - thank you all. We should have some new writers joining us over the next few days, which will hopefully resolve the immediate pressures.] As regular readers may have noticed, the pace of updates...
And you find that power where?
By s.168, Commonhold and Leasehold Reform Act 2002, a landlord may not serve a notice under s.146, Law of Property Act 1925, or otherwise exercise a right of re-entry (i.e. forfeiture) in respect of a breach of a covenant (other than one to pay...
Laying the foundations …
The "new" housing strategy published today, Laying the Foundations: A Housing Strategy for England, has some interesting bits to it, but it is somewhat unfortunate that the government has taken the opportunity to trumpet its achievements and...