Broxbourne Borough Council v Robb & Ors [2011] EWHC 1626 (QB) I'll give a somewhat lengthy report of this case, because it is one of the first to touch on the changing planning environment for Gypsies and travellers after the DCLG's stated...
All the blog posts, most recent first
The degree of formality
... and, no, we're not talking about meeting the in-laws; rather, we've *finally* got a High Court decision on the requirements of s.20B(2), Landlord and Tenant Act 1985. This, in short, requires landlords to either demand service charges within 18...
Contracting out reviews
In Karaj v Three Rivers DC [2011] EWCA Civ 768, Ward and Rimer LJJ granted permission to appeal on what appears to be the "Shacklady" issue (links to our report), viz whether a failure to follow the proper rules regarding the contracting out of the...
Service charges and dispensation: an update
I'm led to believe that the landlord in Daejan Investments Ltd v Benson (our post here) has been given permission to appeal to the Supreme Court. Nothing confirmed on the UKSC website yet, but my source is usually quite reliable. I'm going to go...
Housing benefit and non-disclosure
In Coventry CC v Vassell [2011] EWHC 1542 (Admin), the issue for Hickinbottom J, on appeal by way of case stated, was as to the mental element required to convict an HB claimant for non-disclosure of a change of circumstances affecting entitlement...
A Not So Unlawful Eviction
R v Q [2011] EWCA Crim 1584. On Lawtel but not on BAILII This is an appeal concerning s1(3A), Protection From Eviction Act 1977. This subsection was inserted by the Housing Act 1988 and was intended to fix a problem with s1(3). S1(3A) reads:...
Unintended clarity from the DCLG
A leaked letter has emerged, sent from the DCLG to the office of the Prime Minister. The full text of the letter is here. Written by Eric Pickles' private secretary, apparently at Pickles behest, the letter sets out the DCLG's concerns at...
Materiality, weight and the plans of the Secretary of State
R (Cala Homes (South) Ltd) v Secretary of State (No.2) [2011] EWCA Civ 639 is one that we may have missed when it first came out (or we decided not to do it - we can't quite remember now), but, given that I have some free time this morning, I...
Time is on my side (except in mortgage possession proceedings)*
Jayashankar v Lloyds TSB, Romford County Court, June 29, 2011. A short - and important - point on mortgage possession proceedings. It appears that Mr Jayashankar had a mortgage over his property in favour of Lloyds TSB. He fell into arrears (about...
Croatia, proportionality and history
Orlic v Croatia [2011] ECHR 974 (Application no. 48833/07) [Link to rtf file] This is a European Court of Human Rights First Section decision on an article 8 case. Although not of immediate application, it is a useful restatement of the principle...
A few small tweaks
As visitors to the site may have noticed, I've made a few changes (and apologies to anyone who visited on Sunday and got 4 or 5 different and rapidly changing versions of the site). The problem was that having 10 full posts on the front (and...
Speak up
Southall Court (Residents) Ltd v Tiwari and another [2011] UKUT 218 (LC) will, I suspect, become a bit of a landlord favorite case over the next few years as it contains two passages that they're likely to be rather pleased about. Southall Court is...