Sheffield City Council v Hazel St Clare Oliver LRX/146/2007 [links to PDF] This is a case which touches on an issue familiar to those involved with right to buy leases: replacement of windows by the landlord. The landlord council wished to replace metal...
Having regard…
M & M Savant Limited v Brown and others LRX/26/2006 It is a shame that this case was decided in 2008, and not in 1998 when it would have had a much greater relevance. It contains a comprehensive analysis of s.20 Landlord and Tenant Act 1985 prior to the...
Surely your best point is…
Swanlane Estates Ltd v Woods and others LRX/159/2007 (.pdf) This case concerns the not uncommon situation of a court or tribunal (in this case, a Leasehold Valuation Tribunal) taking a point which the applicant / claimant had not expressly pleaded and the...
Enforcing positive covenants
Cantrell v Wycombe District Council [2008] EWCA Civ 866 concerns enforcement of positive covenants by a Local Authority. In return for funds towards the purchase of another property, a housing association had granted the Council nomination rights to six...
Mentioned in dispatches
A couple of cases came up today, one at the Court of Appeal, one Judicial Review, that are of marginal or tangential relevance to housing law, but may well be of interest to some. I'm not doing reports but the cases are: Liverpool City Council, R (on the...
Just passing
I have been and remain extremely busy, but thankfully there has been nothing of significance to post about. I'm toying with a summary of the fascinating and now very, very lengthy comment thread on the Malcolm post, but that too will have to wait. While I am...
Harry Potter's premises, 'what is a house?' and waivers
OK, so they are late. In fact so late that the Times has started to catch up. Finally, some brief comments on the three cases from last week. Majorstake Limited (Respondents) v Curtis (Appellant) [2008] UKHL 10. What constitutes a premises for the purposes...
They'll have to wait
In a sudden rush we have: Court of Appeal: Greenwood Reversions Ltd. v World Environment Foundation Ltd. - and - Madhav Mehra [2008] EWCA Civ 47 on forfeiture of lease. House of Lords: Majorstake Limited (Respondents) v Curtis (Appellant) [2008] UKHL 10 on...