Om Property Management Ltd. v Burr [2012] UKUT 2 (LC) [not yet on bailii - we've got a transcript] was another case concerning the interpretation of s.20B, Landlord and Tenant Act 1985. Section 20B is of course the provision that renders service...
All the blog posts, most recent first
Substantial Dispute
Benesco Charity Ltd v Kanj & Anor [2011] EWHC 3415 (Ch) CPR55.8 has been the the subject of a surprising amount of appellate interest recently. For those of you not nodding sagely at this point CPR55.8 deals with the Courts obligations at a summary...
Ain’t nothin’ goin’ on ’bout the rent
Tolui v London Rent Assessment Panel [2011] EWHC (Admin), [2011] All ER (D) 126 (Dec) [On Lawtel, not on Bailii yet] Or how not to go about challenging a Rent Assessment Panel decision. Mr T is the landlord of a rent act protected tenancy. In 2009...
When everyone agrees
Southwark LBC v Leaseholders of the London Borough of Southwark [2011] UKUT 438 (LC) [not yet on bailii] was an appeal brought by Southwark against the decision of the LVT (our report here) not to grant them dispensation from complying with the...
When Age is Not Just a Number
Regular readers may have noted that these pages have been quiet on the subject of age assessments and the entitlement to services under the Children Act 1989. The fact-finding hearing in The Queen (KN) v LB Barnet [2011] EWHC 2019 (Admin) was heard...
Estoppel and s.2 – will we find out?
In the Summer Dave and David Smith posted about the case of Kinnear v Whittaker in the High Court. Bean J allowed an appeal against the summary disposal of a possession claim where the defendant had raised proprietary estoppel as a defence. This...
Adams v LGO
I need to make the obvious pun about the Adams family but the monsters in this particular case were really played collectively by Lambeth. The case is R on the application of Janet Adams v The Commission for Local Administration for England. This...
Money can’t buy you everything
Sun Street Properties Ltd v Persons Unknown [2011] EWHC (Ch), [2011] All ER (D) 72 (Dec) [no transcript available yet] Or, what the hell is going on about Occupy/Bank of Ideas and the property owned by Union Bank of Switzerland. As you probably...
Fairness for hedges
R(Pelling) v Newham LBC [2011] EWHC 3265 (Admin), 28.10.2011 (not on Bailii yet) It's fair to say that I have an unnatural (purely) academic interest in high hedges - my colleagues laugh every time I try to discuss it sensibly. I've always found...
When should an offer be ‘suitable’?
Abed v City of Westminster [2011] EWCA Civ 1406 Is an offer of temporary accommodation under s.193(5) Housing Act 1996 unlawful if the Local Authority has not assessed the suitability of the accommodation before making the offer? This was the issue...
Transfers and allocations: Pt 2 (a footnote)
We reported on the interesting High Court decision in Babakandi v Westminster CC [2011] EWHC 1756 (Admin) (a post-Ahmad challenge to Westminster's housing allocation scheme) and made a few observations of our own on the judgment, most notably...
No further forward
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...