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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...
For long leases, outside the provisions of s.11 Landlord and Tenant Act 1985, the repairing obligation of the landlord is limited to the exact terms set out in the lease, as is the extent to which the landlord can recover the costs of repairs from the...
Just two short notes on recent UT(LC) cases that I was asked to cover. They're pretty unimportant in the scheme of things, but we do try to be comprehensive. In Freehold Managers (Nominees) Ltd v Piatti [2012] UKUT 241 (LC), the issue was the payment of an...
Fun and games awaits us on May 1, 2013. You may remember that the government has previously announced plans to merge a range of property-related tribunals (LVT, RAC, etc) into the First Tier Tribunal (Property Chamber) (see our notes here and here). In a...
So, I gave a talk on the deposit scheme post Localism Act on Tuesday morning, then surface to immediately find word of a new wheeze being tried by landlords. Just how quickly can one become outdated? The Housing Act 2004 as amended by the Localism Act 2011...
We bring you two interesting reports from the world of Rent Repayment Orders. Briefly, these stem from a power under s73 and 74 of the Housing Act 2004. These sections allow a Residential Property Tribunal to award a tenant or local authority the return of...