Lee v Lasrado [2013] EWHC 2302 (QB) On the whole, trying to appeal an unlawful eviction judgment and quantum decision against you on the basis that you are not actually the landlord is not an approach to be recommended. This appeal decision in the High Court...
A broader view
I can't speak for the other NL writers, but one of the things I sometimes struggle with is making sure that I see housing law in its full context, by which I (think I) mean, making sure that I make myself aware of external sources of inspiration and ideas...
Better Late than Never?
Peake v LB Hackney [not yet on Bailii] is another cautionary tale about the importance of lodging statutory homelessness appeals within the 21 day limit. Ms P was found intentionally homeless by the Council following the surrender of a tenancy of...
Ending it all. Or not.
A question on tenant's notice to quit, to keep minds occupied during the silly season. Fareham BC v Miller [2013] EWCA Civ 159. (our report here) states in no uncertain terms that the common law position is that a landlord's notice to quit is irrevocable...
Dog whistles
The DCLG has trumpeted a new Guide on Council and Police powers on 'Dealing with illegal and unauthorised encampments'. A new guide will give more power and a stronger voice to local residents and councillors to challenge council officers if they claim...
Human Rights Round-up
3 cases have recently been decided by the ECtHR Chamber Busuioc v Republic of Moldova [2013] ECHR 684 (16/7/13) The Applicant (B) complained to the Court under Arts 3 and 8 ECHR about the State's failure to protect her and her two children under the...
Time isn’t on your side
as the Rolling Stones didn't quite say. In Re 28 Pallant House [2013] UKUT 327 (LC), the Upper Tribunal was faced with an application for permission to appeal out of time. The appellant was the long leaseholder of a flat; LB Southwark was her landlord. There...
RICS Service Charge Code: consultation
By s.87, Leasehold Reform, Housing and Urban Development Act 1993, the Secretary of State has power to approve codes of practice in relation to the management of residential long leasehold blocks. Currently, he has approved (for non-retirement properties)...
A timely little reminder
Barney v Eastern Green Ltd [2013] UKUT 331 (LC) is a helpful little reminder of the (limited) power of the LVT (FTT(PC)) to review apportionment issues in service charges. In the present case, the landlord had (pursuant to a term in the lease) reapportioned...
Making it clear
Keeney Construction Ltd v Dr Zoe Brooke and others [2013] UKUT 329 (LC) is an odd little case (an opening phrase I tend to use a lot when talking about UT appeals). The substantive issue concerned a lease variation application under s.35, Landlord and Tenant...
Urgent appeals in warrant suspension cases
We’ve all been there. Perhaps more frequently, litigants in person have been there (although hopefully not the same LiP over and over again). A warrant for possession is due to be executed the next day. It may even be the same day. The occupier has applied...
Bedroom tax JR
The headline here, as has been widely tweeted/flashed etc, is that the challenge to the bedroom tax contained in Regulation B13, Housing Benefit Regulations (both generically and specifically in relation to households with a disabled person) was unsuccessful...