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A case appearing on my radar, though one that may not excite many readers is Landlord Protect Limited v St Anselm Development Company Limited [2009] EWCA Civ 99. A case concerning whether a landlord has imposed an unreasonable condition for a consent to...
We all knew that Lambeth Housing was in a bit of a self imposed mess, and this is an outline of what it amounts to. I'm not going to add much in the way of comment, but anyone who acts on occasion for Lambeth tenants or leaseholders or homeless applicants...
Leicester City Council v Masters LRX/175/2007 (links to a .pdf) Pursuant to the Right to Buy provisions, the respondent purchased a leasehold interest in his flat in April 2005. As readers will know, where someone is purchasing a leasehold interest under the...
The Lands Tribunal has handed down a number of important decisions in the last week that those working in the field of leasehold enfranchisement need to be aware of. Earl Cadogan v Erkman LRA/56/2007 & LRA/68/2007 (links to a .pdf file) concerns attempts...
Ackerman and another v Lay and others [2008] EWCA Civ 1428 (not on Bailli, but available via Lawtel) The appellants/tenants were the leasehold owners of a building and the respondents were the freehold owners of the same. The building had been subdivided...
Earl Cadogan and other v Pitts and another; Earl Cadogan and another v Sportelli and another [2008] UKHL 71 Enfranchisement is the process whereby leaseholders can force their freeholder to sell them the freehold of the property. The Leasehold Reform Act...
Morshead Mansions Ltd v Leon Di Marco [2008] EWCA Civ 1371 Service charges. Much more interesting than tolerated trespassers. Honestly. Sections 18 - 30 Landlord and Tenant Act 1985 contain a detailed regulatory framework for service charges in residential...
Osibanjo v Seahive Investments Limited [2008] EWCA Civ 1282 (Court of Appeal) Are there circumstances in which a landlord can accept only part of a cheque offered by a tenant and thereby avoid waiving its right to forfeit? It would appear that there are,...
This is another of the occasional cases on s.2(1) Leasehold Reform Act 1967 - the definition of a 'house' for the purposes of leasehold enfranchisement. Not strictly on point for Nearly Legal, but I enjoy them, so you get them... Grosvenor Estates Ltd v...
The earlier post on this shared ownership possession case, Richardson v Midland Heart Ltd, (November 2007 Birmingham) attracted a lot of comment, some of it excitable and ill-informed (and much of that from me). Nearly Legal now has a copy of the judgment,...
[Edit 15/09/08. It now looks like the following judgment is a) being appealed shortly and b) may only have been a County Court judgment, not High Court - this latter point is not clear but reliable sources say County Court] [Edit 18/09/08. In the comments...
As a tale of vexatious litigants, HM Attorney General v Ford & Anor [2008] EWHC 2066 (Admin) has it all. Mysterious changes of identity, admitted perjury, repeated applications for judicial review of refusals to give permission to appeal, and appeals of...