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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 Just how quickly can one become outdated?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...
You may recall Ms Ali of Ali & Ibrahim v Birmingham CC (heard in the Supreme Court as Tomlinson & Ors v Birmingham City Council [2010] UKSC 8 (our report here) The issue in Ms Ali's case was a dispute of fact about whether an offer of accommodation...
11 December 2012 – The Royal College of Surgeons, London Yes, it is time for the annual HLPA Housing Law conference. We advertise it (for free) because it is good and some of us are involved with it. A number of the NL team will be there, looking shadowy and...
Property Guardians seem to be a growth industry. If you haven't come across these yet, you probably will at some point. The Guardian agency puts people into a vacant commercial or residential building to live as occupiers, effectively providing security to...
In Samin v Westminster CC [2012] EWCA Civ 1468 [not on bailii yet - lawtel has a transcript], the Court of Appeal had to decide what was meant by someone being "temporarily unable to work" so as to determine if Mr Samin retained his status as a "worker"...
According to Cameron, there is a need to restrict the right to judicial review to ensure the country's economic competitiveness. As he put it, judicial review should, therefore, cost more, have shorter deadlines, and fewer rights of appeal. This is so that...
In R(Hamid) v Secretary of State for the Home Department [2012] EWHC 3070 (Admin) [not on Baili yet, but apparently on Lawtel], the Divisional Court signalled its intention to get much tougher on out of hours administrative court applications to the duty...
Maybe I've been doing this job too long but there are some things which just seem so obvious to me. I know that the common intention constructive trust is really interesting - empirically as well as in law - but you can't just jump straight in. Pankhania v...