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It started as such a simple idea, the tenancy deposit regulations. But bad drafting and some 'interesting' interpretations by the Courts put paid to that. We now have a confusing mess, for both landlords and tenants. So, in a spirit of helpfulness...
An intriguing mortgage possession County Court case featuring a 'bad bank'. While the case itself turns on a failure by the bank to obtain relief from sanctions, it features an interesting line of argument that may well be raised again. NRAM plc v...
Samawi v Haringey LBC, Claim no: A01EC488, 3 July 2015 Central London County Court Thanks to an Arden Chambers eflash comes news of a County Court case with interesting potential repercussions, albeit probably some way down the line. Mr Samawi was...
Gateway (Leeds) Management Ltd v (1) Naghash (2) Shamsizadeh [2015] UKUT 333 (LC) If a head leaseholder, or managing company passes on as a service charge, rent charged by a freeholder for property in order to provide services, does this amount to...
HA, R (On the Application Of) v London Borough of Ealing [2015] EWHC 2375 (Admin) This is, I think, a very significant case for all Councils who have or are considering setting residence requirements in their allocation policies. Like quite a few...
In Wandsworth LBC v Tompkins [2015] EWCA Civ 846, Wandsworth had purported to grant Mr and Mrs Tompkins an introductory tenancy of a property; only, as the Court of Appeal found, it wasn't an IT because it couldn't be. Mr and Mrs Tompkins had made...
Apologies for any disruption you may have encountered in getting to the site over the last day. We have moved to a new server (again, courtesy of the lovely Tessa Shepperson of Landlordlaw, who very generously provides our hosting for free). The...
Zammit & Attard Cassar v Malta [2015] ECHR 751 This is the latest in the sequence of cases dealing with rent controls and breaches of A1P1 (previous note here). The property in this instance was let under a commercial lease and in 2002, the...
The Rent Act 1957 introduced the requirement for a court order for eviction from a tenancy. That is 58 years of eviction without due process of law being unlawful. But no matter, for Something Must Be Done to deter people who have spent months on...
Spielplatz Ltd v Pearson & Anor [2015] EWCA Civ 804 It would be easy to make smutty jokes during this post…and be in no doubt that I will do so! However, that should not detract from what is a pretty key decision in the crucial question of...
Poshteh v Royal Borough of Kensington And Chelsea [2015] EWCA Civ 711 At issue in this second appeal from a s.204 appeal was whether it was reasonable for Ms Poshteh to have refused an offer of accommodation. Both parties agreed that the property...
Service charge disputes in the FTT(PC)/LVT are generally regarded as a "no" or "low" costs proceedings. The Tribunals have very limited powers to award costs. In general terms, the FTT(PC) can award unlimited sums in respect of either wasted costs...