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...
Water, water everywhere…
There are those who say that service charges are a dry subject. To them I say, welcome to Wallace-Jarvis v (1) Optima (Cambridge) Ltd (2) Khazai [2013] UKUT 328 (LC). The leaseholders at a development were concerned that their service charges were too high...
No-one to talk to
BDW Trading Ltd v South Anglia Housing Ltd [2013] EWHC B10 (Ch) is important and deserves much wider coverage than it has otherwise got. Before turning to the facts, lets just remind ourselves of the provisons of ss 20, 20ZA, Landlord and Tenant Act 1985. In...
Confirming my irrational prejudice
I've never liked the Gower. I recognise that, objectively, it's quite beautiful, but it was ruined for me by a camping holiday as a child. It was cold and wet. The rain was almost biblical in volume. There was nothing to do. And I ran out of books to read....
Immigration and the PRS: Coalition Summer madness
The questions raised about how the Coalition were going to implement Cameron's proposal that private landlords should check the immigration status of their future occupiers have now been answered in part by the Home Office Consultation Paper, Tackling...
Law Commission Draft Programme
The Law Commission is currently consulting on what projects it might take on under its next law reform programme. It has a few specific suggestions in relation to landlord and tenant law and is seeking evidence (particularly about how far they have...
The BBC and the PRS
Last Thursday night, BBC 1 broadcast Meet the Landlords. It's still available on Iplayer, here. It just confirms my view that - save for limited circumstances - one person should not be allowed to own the home of another. Others may have different reactions...
Allocations: where have all the claims gone?
Allocations under Pt.6, 1996 Act. A big topic. A sexy topic. A true behemoth of a topic. And, for reasons that aren't entirely clear to me, a topic that isn't giving us very many cases these days. Which is odd, given the ever-growing tendency by local...
Leasehold update
Those of you who follow the leasehold update religiously will note that J usually takes care of these things, but not this month. I have the pleasure of that. First, we have Triplerose Ltd v Bishun [2013] UKUT 0257 (LC) Triplerose were the freehold owners of...
Not pending this appeal
Zak Johnson v City of Westminster [2013] EWCA Civ 773 [Not on bailii yet, transcript on Lawtel] When bringing a second appeal to the Court of Appeal from a section 204 Housing Act 1996 appeal to the County Court, what is the applicant's route to challenge a...