London Borough of Lewisham -v- Litchmore. 2 October 2009, Bromley County Court Since the beginning of replacement tenancies on May 2009, there have, rather surprisingly, not been any reports on cases involving the Housing and Regeneration Act 2008 Schedule...
What do you want me to do about it?
Noise abatement notices are governed by Part 3, Environmental Protection Act 1990 (as amended). They are not 'pure' housing law but they are frequently used in a housing context, particularly when dealing with noise-related complaints of anti-social...
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...
Costs on conceded appeals
We had noted City of Westminster v Man [2009] EWCA Civ 236 when it was a permission to appeal hearing. Just a bit late, we have found the outcome. The issue was whether an interim costs order, on an application I think, was payable where proceedings as a...
Like a blind man searching for a black hat in a dark room
Heffernan v LB Hackney [2009] EWCA Civ 655 is a timely reminder of the importance of having evidence to substantiate a claim for damages. Mr Heffernan was the freehold owner of 16 Penhurst Road, London, E9 ("the property"). The property was converted into...
Take it as is or not at all
Ryan v London Borough of Islington [2009] EWCA Civ 578 concerned Ms Ryan's Right to Buy under Part V Housing Act 1985 and whether or not it had been deemed to be withdrawn. Ms Ryan was the secure tenant of a an Islington property. In January 2003, she served...
Intermittently exposed
Now, this is a bit of an oddity. Mohammadi v Shellpoint Trustees Ltd & Anor [2009] EWHC 1098 (Ch) was an appeal from the Supreme Court Costs Office. It concerned when a person should have the protection from liability for costs under s.17 Legal Aid Act 1988....
Such Sweet Surrender
I'd missed this case from a couple of months ago and it would be fair to say it doesn't concern our usual kind of tenancy - the rent was £390,000 a year and complaints of disrepair concerned a malfunctioning swimming pool - but it does address the conditions...
Emergency remedial action
In Luton Borough Council v Universal Group we have the first (and almost certainly last) decision of the Lands Tribunal under the Housing Act 2004 on appeal from a Residential Property Tribunal (or RPT). 15-17 Chapel Street, Luton is (or was) consisted of a...
Bankruptcy and disrepair
In the end, I couldn't resist writing this one up from the report in January 09's LAG updates. It is a very late report and only a County Court decision, but is a) just too topical for these insolvent times and b) vaguely technically interesting. Lambeth LBC...
Retrospective CFAs on appeal
Birmingham City Council v Forde [2009] EWHC 12 (QB) was the High Court hearing of Birmingham's appeal from the High Court (Costs) case we reported on in August last year. In short, the appeal was dismissed, and the judgment of the Costs Judge upheld, but in...
Hey, you asked…
Another in Nearly Legal's sporadic attempts at being helpful to passing internet searchers. All the questions are genuine searches from the logs, including the rather puzzling 'crinoline flint', which perhaps gives more insight into the searcher than one...