R (Joseph) v LB Newham [2009] EWHC 2983 (Admin) We noted the permission decision in this case back in September 2009 when I expressed the view that, if Newham lost this case then some fish-based humiliation was due to them. Well, the claim for...
All the blog posts, most recent first
Tenancy Deposits: A retrospective
In advance of the brace of Court of Appeal hearings on the tenancy deposit scheme (TDS), contained in sections 212-4 and Schedule 10, Housing Act 2004, and after the High Court decision in Draycott & Draycott v Hannells (discussed with...
Self Insurance and Right to Buy leases
Mihovilovic v Leicester CC [2010] UKUT 22 (LC) Another Upper Tribunal (Lands Chamber) case. This was an appeal by the leaseholders of an LVT decision in respect of service and major works charges levied by Leicester City Council, the freeholder....
Notification of Nothing
LB Croydon v Shanahan [2010] EWCA Crim 98 Ms Shanahan was tried on three offences under section 111A(1A) of the Social Security Administration Act 1992. These were: Count 1 between 24 June 2004 and 12 December 2006, she dishonestly failed to notify...
One for the surveyors…
Re Flat 3, 49-51 Cheval Place, London, SW7 1EW LRA/123/2009 Certain qualifying tenants of flats are, pursuant to the Leasehold Reform, Housing and Urban Development Act 1993, entitled to acquire an extended lease of their flat in exchange for a...
(Not so) Restrictive Covenants
The Lands Tribunal has ruled on a restrictive covenants issue.
Two weeks, three months, whatever. TDS in the High Court.
Draycott & Draycott -v- Hannells Letting Limited [2010] EWHC 217 (QB) This is the first High Court judgment on the tenancy deposit scheme element of the Housing Act 2004 and thus the first that is binding on all lower (County) Courts. This is...
Continued incompatibility
Readers with a long memory (relative to the general standards of the 21st century) will recall that there was a finding in Connors v UK (2004) that the law that meant that travellers on Local Authority sites could be evicted without the court...
Trigger happy?
In Barber v Croydon LBC [2010] EWCA Civ 51, the Court of Appeal found Croydon's decision to pursue possession proceedings of a non-secure tenancy occupied by Mr Barber Wednesbury unreasonable, being by my estimation the third such successful use of...
The end of the road
The Supreme Court has refused permission to appeal in Birmingham City Council v Qasim et al (our notes on the Court of Appeal and county court decisions are here and here, respectively). As our friends at the UKSC blog previously noted, it would be...
Legal Aid enters its Bến Tre period
The Ministry of Justice response to the 'Legal Aid: Refocusing on Priority Cases' consultation is now out, with the MoJ's final proposals [link to pdf]. Although the responses to the consultation appear to have been pretty universally negative, the...
When does a tenancy begin?
Lynch v Kirby, QBD, 28.1.10 before Nicola Davies QC sitting as a Deputy Judge is - according to Casetrack - in the process of being written up. I became aware of it as a (very) short note on the Garden Court bulletin last Monday. I doubt that it'll...