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Leasehold disputes, like any litigation, are capable of generating significant legal and other professional costs. The position is generally better for freeholders/third party managers than it is for leaseholders in that a well-drafted lease will...
Gitere, R (on the application of) v Secretary of State for the Home Department [2015] EWHC 3336 (Admin) The risks of a client deciding to go it alone at the last stage of judicial review proceedings. Mr G is an asylum seeker, awaiting the outcome...
The Housing Law Practitioners Association annual conference is on 8 December at the Royal College of Surgeons, London. 9.30 am to 6.20 pm 'Housing Rights and Righting Wrongs' This is the housing law conference. Highlights include: A panel...
A semi-guest note on a pest infestation nuisance county court case involving leaseholders. Interesting on both liability and quantum. Ojo & Ojo v London Borough of Hackney. County Court at Clerkenwell & Shoreditch 4 November 2015 The...
Garwood v Bolter & Anor (2015) Ch D 18 November 2015 (Not on BAILII. Note of extempore judgment on Lawtel) I'm working off the lawtel note, which in some (many) respects doesn't entirely make sense. I'll try to flag the bits where I am...
Toogood v McCourt and others Medway County Court, 6 November 2015 Mr Toogood is a landlord of some 200 properties and runs the Student Lettings Agency in Canterbury. The Defendants were the parents (and guarantors) of three students of five who had...
Owens & Anor v Grose & Anor [2015] EWHC 839 (QB) As if tenancy deposits weren't complicated enough, now we can add libel claims to the consequences of a heated deposit dispute. It turns out that sending potentially libellous accusations to...
R (on the Application of Omar) v Wandsworth LBC, (2015) QBD (Admin) (Ouseley J) 11/11/2015 (not on Bailii yet, note of extempore judgment on Lawtel). A tantalising lawtel note on what appears to be the first higher court decision on vulnerability...
Moosun, & Ors v HSBC Bank Plc (t/a First Direct) [2015] EWHC 3308 (Ch) This was a part - surely now the end part - of a long running saga of a mortgage possession and sale. The novel (if unsurprising) point of law concerned the 'Ors' in this...
A couple of recent cases have highlighted the issues involved in transferring County Court possession orders to the High Court for enforcement by High Court Enforcement Officers. This is done by landlords, by and large, to bypass the wait for a...
A remarkable note on the Community Law Partnership site sets out what may possibly amount to a mass unlawful eviction of secure tenants by Birmingham City Council. Birmingham CC have been using High Court Sheriffs for evicting secure tenants after...
NJ Rickard Ltd -v- Holloway (CA 03/11/2015) (Lawtel note of extempore judgment only so far) Sometimes winning isn't enough... A cautionary tale, in all sorts of ways. This was a Court of Appeal hearing on an appeal on costs. The original case was...