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Oxford City Council v Dr Piechnik, County Court at Oxford, 31 July 2019 (Unreported elsewhere, we've seen the judgment.) Oxford CC is the freehold owner of a 15 storey block of flats. Some 16 of 85 flats are now held by long leaseholders on right to buy...
Grateful thanks to September 2019 edition of Legal Action - Housing: recent developments for this one. Whale and others v Maunder Taylor and Northwood Hall RTM Company Ltd, County Court at Central London, May 2019 Mr Maunder Taylor was an FTT-appointed...
Moorjani & Ors v Durban Estates Ltd & Anor (2019) EWHC 1229 (TCC) (and also extempore judgment of 30 July 2019, on Lawtel). We have encountered Mr Moorjani before, successfully establishing that in disrepair claims, liability for loss of amenity...
Curo Places Ltd v Pimlett (LANDLORD AND TENANT – service charges – tenancy agreement of a bungalow in a sheltered housing scheme) (2019) UKUT 130 (LC) Another Upper Tribunal case on a landlord adding additional services and charges to assured tenancy...
Wilcock v The Guinness Partnership Ltd (2019) UKUT 146 (LC). This is an Upper Tribunal appeal on the meaning of 'variable service charge'. Mr W had an assured shorthold tenancy of a flat from Guinness. The tenancy agreement provided that the landlord would...
This will be a busy few weeks for me on the Homes(Fitness for Human Habitation) Act. On the off chance that anyone wants to hear and question me and others on the Act, here are some dates and details: 15 May 2019 - HLPA meeting, with Steve Lawrence of the...
Fouladi v Darout Ltd & Ors (2018) EWHC 3501 (Ch) Although the judgment is dated December 2018, this has just appeared - a case on the perennially vexed topic of noise from a flat above. In fact it is an appeal and cross appeal on a county court judgment...
New Crane Wharf Freehold Ltd v Dovener (LANDLORD AND TENANT – clause in lease required tenant to permit the landlord to enter) (2019) UKUT 98 (LC) What counts as 'refusing access', where a landlord has a contractual right to access on notice? This rather odd...
Golding v Martin (2019) EWCA Civ 446 It seems to be a bit of a thing, buying a leasehold flat, then leaving it unoccupied, moving abroad and forgetting about rent and service charges. Semi-fortunately for the leaseholder in this second appeal, the outcome...
It has been almost four years since Karen Buck MP, Justin Bates and I first conceived of the Homes (Fitness for Human Habitation) Bill (version 1), and it has been quite the rollercoaster since then. Now, as of today, 20 March 2019, the Homes (Fitness for...
Smailes & Poyner-Smailes v Clewer Court Residents Ltd, Cardiff County Court 30 January 2019 (Unreported but copy of judgment is here). Although only a County Court (Circuit Judge) decision, this is an interesting and potentially significant case on the...
Gibbs v Lakeside Developments Ltd (2018) EWCA Civ 2874 Oh dear... Behind the key point in this case lies a history of unfortunate things. But what fell to be decided by the court of appeal is whether, in a leasehold forfeiture case, the lessee could succeed...