Weekend assortment

Some bits and pieces, of various levels of jaw dropping. MHCLG have produced updates for the Homelessness Code of Guidance. Under Chapter 8 ‘Priority need’, there is a new section 8.40: 8.40 Any person who may reasonably be expected to die of a progressive illness within the next 6 months, or is in receipt of […]

A noisy appeal

Curo Places Ltd v Walker [2018] EWHC 2462 (QB) This was Curo Places appeal of a Circuit Judge’s dismissal of its possession claim against Ms Walker. Ms W had a six year fixed term assured tenancy of a flat from Curo Places. Soon after the tenancy started, Ms W’s neighbour  in the downstairs flat began […]

Who can complain of statutory nuisance?

The question in the rather wonderfully titled Watkins v Aged Merchant Seamen’s Homes & Anor (2018) EWHC 2410 (Admin) was whether a former licensee who remained in occupation after a possession order could bring a complaint of statutory nuisance under Environmental Protection Act 1990 and ‘prove’ the condition of the property at the time of the […]

Shaken but not successful – the problems of nuisance

Dr Amanda Lindsay v Berkley Homes (Capital) PLC (2018) QBD (TCC) 13/07/2018 (Extempore judgment reported on Lawtel) Dr Lindsay owned a leasehold flat. She had brought a claim (in person) arising out of works to demolish a concrete basement to the building carried out as part of a development. Berkley Homes were the name Defendant […]

Gordian Knot(weed)

Network Rail Infrastructure Ltd v Williams & Anor (2018) EWCA Civ 1514 Japanese knotweed nuisance cases – there are already many of these and (given the nature of the pestilential stuff) there will be more. In case you don’t know, Japanese knotweed is an invasive weed that is all but impossible to eradicate (and must be […]

Protection from neighbours – no duty

CN & Anor v Poole Borough Council (2017) EWCA Civ 2185 What, if any, duty is owed by a local authority to children to protect them from abuse and harassment by neighbours? This court of appeal decision suggests none in negligence. CN and GN lived with their mother in a Poole Housing Partnership (a Poole BC […]

Works and quiet enjoyment

Timothy Taylor Ltd v Mayfair House Corporation & Anor [2016] EWHC 1075 (Ch) I’m very late with this one – been in the ‘to do’ pile for ages. In mitigation, it is a commercial property case, but has interesting elements on the way in which building works may be reasonably carried out. Timothy Taylor ran […]

Almshouses, tenancies and Article 14

This post is my Christmas gift to land law students everywhere in the UK.  It is a discussion of the very important Court of Appeal decision in Watts v Stewart [2016] EWCA Civ 1247, which concerned whether charitable providers of accommodation (in this case, almshouses, but, in principle, the issue in the case is broader) are exceptions to […]

Money down the drain

Court v Van Dijk & Anor [2016] EWCA Civ 483 Nuisance cases are tricky. There is a lot to establish for causation, for liability and for loss. This case is perhaps a cautionary tale about the need to be constantly alert to changes in the facts and expert opinion as they emerge over the course […]

The Curious Incident of the Dog in the Night-Time

Cocking & Anor v Eacott & Anor [2016] EWCA Civ 140 Neighbour nuisance. These are often difficult and indeed expensive cases. And always there are those affected who believe that a landlord is liable for their tenant’s nuisance (which they just aren’t, save for the extremely rare case in which the landlord has participated in […]