More results...
People who are both regular readers of this blog and interested in the LVT (admittedly a small number) will know that the UT(LC) has been doing the judicial equivalent of laying the smack down on the LVT for deciding cases on points that no-one raised and...
Thompson v Hurst [2012] EWCA Civ 1752 This is a rather fact specific case which shows application of the principles of Stack v Dowden and Kernott v Jones. Our report on Kernott which covers the whole debate is here. Background H was the tenant of a local...
Arnold v Britton [2012] EWHC 2451(Ch) is the third holiday chalet / service charge case we've covered in short order (the other two are here and here). Coincidence or evidence of a growth area of work I wonder? Anyway, back to the case. The issue was whether...
An odd appeal on an adverse possession case, of no legal interest per se, but entertaining on the facts. Devanney v LB Hounslow [2012] EWCA Civ 1660 [not on baili yet. Transcript on lawtel] Mr D operated a mobile cafe from a layby on the edge of Heathrow...
Back in May 2010, we covered the case of Philips v Francis (QBD, Truro District Registry) on whether or not holiday chalets let on long leases were "dwellings" within the meaning of the Landlord and Tenant Act 1985, and, hence, the service charges payable by...
Those few days between Christmas and New Year were always quite a lot of fun in our household. You'd finally have the time to catch up on the excellent Christmas TV (i.e. you could watch the hours and hours of stuff you'd recorded on your video player)....
[Updated 20/12/12. See below] There is a rather odd case note on Lawtel on a High Court appeal of a dismissed defence to possession following an apparently failed succession... Evans v Brent London Borough Council QB (Ramsey J) 18/12/2012 [note of extempore...
According to this article, the Residential Landlords Association are up in arms about the European Court of Human Rights being about to rule on article 8 defences in a case affecting private land owners. Richard Jones, the RLA policy director (and a...
Birmingham CC v Ashton is a case which illustrates the difficulty that judges face when they are invited to make possession orders on the grounds of nuisance and anti-social behaviour against tenants with mental health problems. The Council relied on four...
Courtesy of Beatrice Prevatt's disrepair update in the December 2012 Legal Action, here are a couple of County Court disrepair cases. Both proving the general rule which we have previously noted, that it is only the least competent of private landlords that...
A bit of a miscellany, with Government skullduggery and posturing galore. First up, Grayling's MoJ has announced a consultation into revising the rules on Judicial Review. Broadly, he is against it. Responses are due by 24 January 2013, so a busy holiday for...
Amanda Carthew v Exeter County Council (2012) CA (Civ Div) 4 December 2012 [Not on Bailii, on lawtel only as a note - if anyone has more information or a transcript of judgment, we'd be very grateful...] Where a homeless applicant had previously transferred...