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One of the most vexing questions in service charge litigation is the interaction between default judgment and s.81, Housing Act 1996. In summary, s.81, 1996 Act requires that, before any notice under s.146, Law of Property Act 1925 (forfeiture) can...
The Association of Residential Managing Agents have, together with the Association of Chartered Certified Accountants, the Royal Institution of Chartered Surveyors, the Institute of Chartered Accountants of England and Wales (and their sister body...
Freeholders of 69 Marina, St Leonards-on-Sea v Oram and another [2011] EWCA Civ 1258 A case on costs of LVT and county court proceedings, and quite an important one at that. 69 Marina is a building in St Leonards-on-Sea. It has been converted into...
The HLPA Housing Law Conference 2011 14 December 2011 The Royal College of Surgeons 35-43 Lincoln's Inn Fields London WC2A 3PE Registration here This year has already thrown up a number of significant challenges for housing law practitioners...
Bubb v London Borough of Wandsworth [2011] EWCA Civ 1285 In an appeal under s.204 Housing Act 1996, should the County Court determine disputed factual issues? In this second appeal, the Court of Appeal effectively holds not. Ms Bubb was in...
Berrisford v Mexfield Housing Co-operative Ltd (Rev 1) [2011] UKSC 32 What happens to a lease for an uncertain term? Or a tenancy that ends on some specified event, whose date is not known and which may or may not happen? Can either the tenant or...
One of the things I really don't like about academics is the way they sit in their offices with their heads so full of doctrinal legal theory that they forget (if they ever knew) about the ways real people lead their lives. What got me through...
I've got parental duty so can't do a full note on Jones v Kernott [2011] UKSC 53 now. The headlines, though, are: (a) Ms Jones won the appeal so that her 90% share in the disputed property was re-instated; (b) the UKSC agree on the outcome but...
Holmes v Westminster City Council [2011] EWHC 2857 (QB) An interesting appeal from a summary possession order on the issue of consideration of proportionality. While the outcome is not, perhaps, a surprise, some of the arguments are. Plus this is...
Work is, most frustratingly, getting in the way of blogging at the moment. I'd wanted to cover these LVT/leasehold property cases as they came out, but I failed. So, in order to get back on track, I'm going to do a bit of a round up of recent...
Mitu v London Borough of Camden [2011] EWCA civ 1249 In which the Court of Appeal splits over the proper interpretation of Regulation 8(2) of The Allocation of Housing and Homelessness (Review Procedures) Regulations 1999, while agreeing on the...
Rochdale Borough Council v Dixon [2011] EWCA Civ 1173 Apologies for the late delivery of this case note which has been held up by a blizzard (of work rather than the kind afflicting the Eastern USA). This case is somewhat complicated and involved...