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...
Transfers and allocations: Pt 2 (a footnote)
We reported on the interesting High Court decision in Babakandi v Westminster CC [2011] EWHC 1756 (Admin) (a post-Ahmad challenge to Westminster's housing allocation scheme) and made a few observations of our own on the judgment, most notably regarding the...
“Landlords from hell”
Just a quick note to remind people that the second of Channel 4 Dispatches on 'Landlords from hell" is on tonight at 8.30. It is billed as: Jon Snow and a team of undercover reporters find out what really happens to those desperate to find a home, now that...
Land Registration and its circumvention
Chaudhary v Yavuz [2011] EWCA Civ 1314 It is a basic principle of land registration, reinforced by the Land Registration Act 2002, that the holder of an adverse interest to a title should protect that interest by entering a notice on the register (unless...
Sometimes Turning Up Is Optional
Hardy & Anor v Haselden & Ors [2011] EWCA Civ 1387 Excuse the (slightly flippant) title which is a backhanded reference to a recent post by NL. This is actually a slightly sad case. It is also slightly convoluted set of facts so you will have to bear...
That must be annoying
Butt v LB Hounslow [2011] EWCA Civ 1372 is, frankly, daylight robbery. You'll remember that in Bubb v Wandsworth (our note here), the Court of Appeal made clear that the county court on a s.204 appeal should not start finding facts. Ever. So, we come to...
Don’t be a newcomer
One of the best known judgment in the English speaking world is Miller v Jackson [1977] QB 966. The start of the judgment of Denning LJ (for it is he) is worth setting out, just to remind you all: In summertime village cricket is the delight of everyone....
You’re ‘avin’ a giraffe
Francis v LB Southwark [2011] EWCA Civ 1418 This was a brave attempt to try and get something out a local authority’s mistaken denial of a right to buy application, but it was not one which the Court of Appeal had any truck with. Mr Francis was a tenant of...
And you find that power where?
By s.168, Commonhold and Leasehold Reform Act 2002, a landlord may not serve a notice under s.146, Law of Property Act 1925, or otherwise exercise a right of re-entry (i.e. forfeiture) in respect of a breach of a covenant (other than one to pay rent - which...
Laying the foundations …
The "new" housing strategy published today, Laying the Foundations: A Housing Strategy for England, has some interesting bits to it, but it is somewhat unfortunate that the government has taken the opportunity to trumpet its achievements and pronounce their...