The HLPA Housing Law Conference 2011 14 December 2011 The Royal College of Surgeons 35-43 Lincoln's Inn Fields London WC2A 3PE Registration here This year has already thrown up a number of significant challenges for housing law practitioners and these...
No facts please, we’re reviewing
Bubb v London Borough of Wandsworth [2011] EWCA Civ 1285 In an appeal under s.204 Housing Act 1996, should the County Court determine disputed factual issues? In this second appeal, the Court of Appeal effectively holds not. Ms Bubb was in temporary...
Until the Abbott be deposed: uncertain terms
Berrisford v Mexfield Housing Co-operative Ltd (Rev 1) [2011] UKSC 32 What happens to a lease for an uncertain term? Or a tenancy that ends on some specified event, whose date is not known and which may or may not happen? Can either the tenant or the...
Jones v Kernott: Ending the big debate?
One of the things I really don't like about academics is the way they sit in their offices with their heads so full of doctrinal legal theory that they forget (if they ever knew) about the ways real people lead their lives. What got me through land law as a...
Jones v Kernott: The Headline
I've got parental duty so can't do a full note on Jones v Kernott [2011] UKSC 53 now. The headlines, though, are: (a) Ms Jones won the appeal so that her 90% share in the disputed property was re-instated; (b) the UKSC agree on the outcome but there is...
Proportionality. A precis on ‘summary’
Holmes v Westminster City Council [2011] EWHC 2857 (QB) An interesting appeal from a summary possession order on the issue of consideration of proportionality. While the outcome is not, perhaps, a surprise, some of the arguments are. Plus this is an example...
LVT round up
Work is, most frustratingly, getting in the way of blogging at the moment. I'd wanted to cover these LVT/leasehold property cases as they came out, but I failed. So, in order to get back on track, I'm going to do a bit of a round up of recent cases. It's a...
How to be ‘minded to’?
Mitu v London Borough of Camden [2011] EWCA civ 1249 In which the Court of Appeal splits over the proper interpretation of Regulation 8(2) of The Allocation of Housing and Homelessness (Review Procedures) Regulations 1999, while agreeing on the outcome in...
Water Under the Bridge
Rochdale Borough Council v Dixon [2011] EWCA Civ 1173 Apologies for the late delivery of this case note which has been held up by a blizzard (of work rather than the kind afflicting the Eastern USA). This case is somewhat complicated and involved so you will...
Forward to the 18th Century!
The Coalition's proposed legislation this week has a marvellously retro feel to it. Sniff the air. Through the whiff of horse dung and open sewers, you can tell we are back in the days of Queen Anne and not solely because the lawfulness of the catholicity of...
No, that is your elbow
In which we discover what happens when an RSL serves a notice confirming an assured tenancy after serving a s.21 notice on an assured shorthold tenant. Saxon Weald Homes Ltd v Chadwick [2011] EWCA Civ 1202 Mr Chadwick had been given an AST by Saxon...
Sale and Rentback (again)
I've got to admit it, I've fallen for HHJ Behrens. I've no knowledge of him, have never appeared before him, and have only read his written words, but he just seems to be that type of property lawyer who is also human. He is developing something of an...