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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...
The Coalition's proposed legislation this week has a marvellously retro feel to it. Sniff the air. Through the whiff of horse dung and open sewers, you can tell we are back in the days of Queen Anne and not solely because the lawfulness of the...
In which we discover what happens when an RSL serves a notice confirming an assured tenancy after serving a s.21 notice on an assured shorthold tenant. Saxon Weald Homes Ltd v Chadwick [2011] EWCA Civ 1202 Mr Chadwick had been given an AST by...
I've got to admit it, I've fallen for HHJ Behrens. I've no knowledge of him, have never appeared before him, and have only read his written words, but he just seems to be that type of property lawyer who is also human. He is developing something...
One thing you could never accuse the Right to Manage legislation of being is "user friendly". In Gala Unity Ltd v Ariadne Road Rtm Co Ltd [2011] UKUT 425 (LC), the Upper Tribunal (Lands Chamber) (in the person of that very nice chap, the President)...
Tricky things, ex parte interim injunctions. Dealt with on the papers, or possibly by a phone hearing with a duty Judge, there is little time for detail and, obviously, no argument from the other side. Which makes it all the more important that the...