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Earl Cadogan and another v Panagopoulos and another [2010] EWHC 422 (Ch) concerns the anti-avoidance provisions in s.19, Leasehold Reform, Housing and Urban Development Act 1993. It's quite a detailed case and, if enfranchisement is something you're...
We have had confirmation that the appeal of the decision in Richardson v Midland Heart (our detailed note here), on shared ownership, assured tenancies and leasehold interests, has been discontinued. Rumour has it that there is another appeal in a similar...
Mihovilovic v Leicester CC [2010] UKUT 22 (LC) Another Upper Tribunal (Lands Chamber) case. This was an appeal by the leaseholders of an LVT decision in respect of service and major works charges levied by Leicester City Council, the freeholder. There were...
Shersby v Grenehurst Park Residents Co Ltd LRX/142/2007 Upper Tribunal (Lands Chamber) The appellant held a lease of a flat in a former mansion house. The wider estate comprised 17 such flats and a number of freehold houses and mews cottages. In total there...
McHale v Earl Cadogan [2010] EWCA Civ 14 is, it's safe to say, probably not going to be one of the most discussed cases on NL this year, but we are nothing if not comprehensive and couldn't fail to write it up. Collective enfranchisement is the process...
Could the sale and leaseback of a house be a transaction at an undervalue and thus be caught by section 423 of the Insolvency Act 1986? This was the main question considered by the High Court in Delaney v Chen although some other points of interest were...
And for the new year, it seems an opportune moment to delve into the Nearly Legal search logs in a vaguely quixotic attempt to provide answers to some of the questions that brought people here. Alternatively, where this is not possible, we can stare in mute...
As food for reader's thought as 2009 draws to an end, a quick comment on a recent written answer given to the Shadow Housing minister Grant Shapps. Since many readers' will be full of seasonal fare I thought some pictures rather than words would be more apt....
The December Legal Action also has the annual housing repairs update. A big tip of the hat to Beatrice Prevatt. We've covered most of the cases here, but there are some others that are well worth a mention... Brunskill v Mulcahy [2009] EWCA Civ 686 (no link)...
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,...
This is another of the (irregular) updates on matters relating to leasehold property, leasehold valuation tribunals and the like. First up, those practicing in this field should note the the Right to Manage Companies (Model Articles) (England) Regulations...
Forcelux Ltd v Binnie [2009] EWCA Civ 854 This was the Court of Appeal hearing of an appeal from a decision by a Circuit judge on an appeal from a order to set aside a possession order and grant of relief from forfeiture (Still with us? Good). It is...