Push the bad news out just before Christmas seems to be a pretty good rule of thumb. Our previous post on the housing strategy, Laying the Foundations, led to a number of comments about the right to buy proposals in that document, which were all pretty...
Adams v LGO
I need to make the obvious pun about the Adams family but the monsters in this particular case were really played collectively by Lambeth. The case is R on the application of Janet Adams v The Commission for Local Administration for England. This is...
How Gratuitous is Your Licence
Potter v Dyer [2011] EWCA Civ 1417 This is another rather sad and complex case with a fairly convoluted set of facts. Mr & Mrs Potter (senior) acquired a farm and farmhouse as a single unit in 1947. In 1966 they let the whole of the farm and farmhouse to...
Home, realistically and objectively
London Borough of Islington v Boyle & Anor [2011] EWCA Civ 1450 This rather sad case was Islington's appeal on the issue of whether Ms Boyle was occupying the flat she had under a secure tenancy as her 'sole or principal home'. It is a highly significant...
Leasehold law update
It's cold, wet and miserable, but at least there is some new leasehold legislation and a case to cheer you up. The first is the Right to Manage (Prescribed Particulars and Forms) (Wales) Regulations 2011, replacing the 2004 regulations of the same name. As...
Money can’t buy you everything
Sun Street Properties Ltd v Persons Unknown [2011] EWHC (Ch), [2011] All ER (D) 72 (Dec) [no transcript available yet] Or, what the hell is going on about Occupy/Bank of Ideas and the property owned by Union Bank of Switzerland. As you probably noticed, on...
HB round up
Three decisions of the Administrative Appeals Chamber of the Upper Tribunal on HB matters stand out: SS v North East Lincolnshire Council (HB) [2011] UKUT 300 (AAC); MB v Royal Borough of Kensington & Chelsea (HB) [2011] UKUT 321 (AAC); MR v Bournemouth...
Fairness for hedges
R(Pelling) v Newham LBC [2011] EWHC 3265 (Admin), 28.10.2011 (not on Bailii yet) It's fair to say that I have an unnatural (purely) academic interest in high hedges - my colleagues laugh every time I try to discuss it sensibly. I've always found it...
To let or not to let
An interesting and novel first instance case has recently emerged from Reigate County Court. Minter v Mole Valley District Council was heard by DJ George on 25th May 2011 and it was reported in the papers here. The facts in summary are as follows: M...
Taken out does not mean taken over
Secretary of State for Work and Pension v Neera Mohammad [2011] EWCA Civ 1358 [not available on Bailii yet] This is a case which turns very much on its facts and as far as the Income Support claimant is concerned, turned out badly. Mrs. M. was the divorced...
Nec vi, nec clam, nec precario
In London Tara Hotel Ltd. v Kensington Close Hotel Ltd [2011] EWCA Civ 1356 the dispute involved two hotels located in Kensington (the Kensington Chelsea Hotel (“KC Hotel”) and the Copthorne Tara Hotel (“Tara Hotel”)) and concerned a private road (owned by...
When should an offer be ‘suitable’?
Abed v City of Westminster [2011] EWCA Civ 1406 Is an offer of temporary accommodation under s.193(5) Housing Act 1996 unlawful if the Local Authority has not assessed the suitability of the accommodation before making the offer? This was the issue before...