The Upper Tribunal is hearing what might turn out to be quite an important s.20, LTA 1985 dispensation case today (LB Southwark v over 13,000 leaseholders in the borough (our note here) and, as ever, we'll bring it to you as soon as we have news of...
All the blog posts, most recent first
Shaken and Stirred
Jones & Anor v Ruth & Anor [2011] EWCA Civ 804 We missed this one when it came out in July 2011. Not sure why - sorry. This was an appeal of a claim in nuisance, trespass, harassment and personal injury. The claim arose out of building...
HB Changes: Lawful but what impact?
We have previously covered the changes to housing benefit (HB) introduced by the Con-Dems and the DCLG's concerns over them as well as those of certain London boroughs. In truth, nobody really quite knows what the "impact" of those changes will...
Contracts and public law: The Cornwall case
Charles Terence Estates Ltd v Cornwall Council [2011] EWHC 2542 (QB) (subnom oh dear, oh dear) Forgive the length of this note, but this seems to be a significant case with potentially far-reaching ramifications. The judgment of Cranston J (in my...
Trial Separation
Quigley v Masterson [2011] EWHC 2529 (Ch) raises an interesting point about the severance of a beneficial joint tenancy. The background is sadly familiar. The late Mr Pilkington formed a relationship with Mrs Masterson. They lived together in a...
Mental Capacity Act and Tenancy: An open question
I have had a question from the editor of the Small Places blog, which is a very fine blog on human rights and community care, with attention to Court of Protection matters. I think it is a question which might benefit from the assembled housing law...
It’s like waiting for a bus
The Upper Tribunal (Lands Chamber) appears to have had a sudden burst of efficiency, churning out judgments at over one a week. It wasn't that long ago that I can remember one a month being considered an efficient turn over. The reason, it appears,...
Mastering Dilapidations
Lord Neuberger MR recently gave a speech to the RICS conference on dilapidations. This conference focuses on dilapidations in commercial property and the speech partly discussed the forthcoming dilapidations pre-action protocol and so might be...
They do not hear me, it’s the same old case*
Levitt and Levitt v LB Camden [2011] UKUT 366 (LC) The Brunswick Centre is a well-known mixed residential and commercial development in London. There are almost 400 flats atop perhaps 30 or so commercial units. The flats are (for the most part)...
Delays, stays and funding limitations
Windsor and District Housing Association v Hewitt [2011] EWCA Civ 1096 (Not on Bailii or elsewhere. We've seen a transcript). It is of interest not least for the Court of Appeal's view of the meaning of the funding limitations on a Public Funding...
Pass me down the wine
The number of letters published in The Guardian on the topic of the law on squatting has now reached two and can therefore be fairly described as an “exchange”.We have already noted Mike Weatherley MP’s letter to The Guardian and I urge you all to...
Squatting- A Reply to Mike Weatherley MP
The debate on squatting has become highly polarised and increasingly bad tempered. Mr Weatherley's salvo is merely the latest in a range of unhelpful comments that make for good newspaper sales but achieve little. It falls to me to open the NL...