We reported the County Court hearing of Universal Estates v Tiensia in this post. Since then we have heard of developments in this case, with a tantalising hint of a higher court judgment in the offing. Tiensia at County Court first instance found that late...
Tenant 1 – 0 Receiver
B v N and others [2009] EWHC 2884 (Admin) The Criminal Justice Act 1988 makes provision for the confiscation of the proceeds of an offence. In the case of realisable property (such as a residential home), s.80(2) permits the appointment of a receiver, who,...
Tenancy deposit – late compliance again
Da Costa v Pinter Bromley County Court April 2008 With thanks to the November Legal Action housing updates. This was a tenancy deposit and 3 x deposit penalty claim. The rent was £1,950 a month. The tenancy agreement also stated 'Payment required in advance...
It is an ex-parrot
Scrowther v Watermill Properties [2009] EW Misc 6 (EWCC) Newcastle upon Tyne County Court Continuing the Norwegian theme we appear to have adopted for such cases, here we have a example of an ex-sale and rent back agreement, void and gone to join the choir...
These we have missed…
And thanks to the Garden Court bulletin for pointing them out. A couple of cases not yet available on Bailii. R(Gardiner) v Haringey LBC [2009] EWHC 2699 (Admin), [2009] All ER (D) 301 (Oct). Or 'everything old is new again' From the full judgment: Ms G. had...
How many weeks make 8?
Doncaster v Coventry City Council, First Tier Tribunal 032/09/00932, 5 October 2009. A copy of the decision is currently available here and a gloss here. This was an appeal of a review decision addressing at what point a tenant is in 8 weeks arrears for the...
Bits from August LAG 2: Unlawful Eviction damages
The August edition LAG housing updates also contain a couple of County Court unlawful eviction and harassment cases that are well worth noting, particularly on quantum. Abbas v Iqbal, Bow County Court 4 June 2009. Mr Abbas, who was elderly and in poor...
Bits from August LAG 1: Tenancy Deposits
As ever, the lovely Legal Action housing updates have some interesting County Court cases that hadn't reached us. A couple in the August edition concern tenancy deposit cases. Nothing binding (and when will some of these cases reach a higher court?), but...
Shocking lack
And I apologise for the pun in the title, which is in dubious taste. Normally on NL, we restrict putting our view on matters to a few comments or the odd, albeit caustic, remark. But the events and legal requirements that are set out in this story from the...
HB means no gas or electricity
In the July edition of Legal Action's housing reports is the otherwise unreported Salah v Munro Willesden County Court April 2009. This was a harassment and unlawful eviction case. Ms Salah began an assured shorthold tenancy of a room on 23 March 2008 for a...
Victory – Bjorge Lillelien style
Every now and then, a case comes to my attention which makes me causes me unimaginable joy. Redstone Mortgages Plc v Welch, Jackson & Jackson (Birmingham County Court, June 22, 2009, HHJ Worster) is one of those cases. It's already attracted some media...
Foxtons' terms unfair
In a long awaited decision the High Court has held in Office of Fair Trading v Foxtons [2009] EWHC 1691 (Ch) that some of the terms and conditions contained in Foxtons' contract with landlords were unfair. While strictly speaking this decision is unrelated...