We have previously posted on amendments to the Localism Bill tabled in Commons committee which would have had the effect of rewriting the tenancy deposit protection provisions in the Housing Act 2004. The changes were designed to reset the position back to...
Moving time
Ok, this really is a short note. The Residential Property Tribunal Service (those nice people who run LVTs, RACs and RPTs) have announced that, from July 1, 2011, they will be administered by HM Court and Tribunal Service and that, from Spring 2012, they...
Rolling Back the Years: Estoppel and s.2
[Edit NL 21/6/2011. Owing to some enthusiasm by contributors and an evening off editing by me, we have two reports on this case done on the same evening. I've kept both because they present interestingly different approaches to the issues in this case, but...
Pretty Vacant
NYK Logistics (UK) Ltd v Ibrend Estates BV [2011] EWCA Civ 683 This is a commercial leasehold case, but it is the first significant case on the meaning of 'vacant possession' since about 1946 and is of general application, so here it is. NYK was the lessee...
Not too late but too little
Southwark LBC v Barrett Bromley County Court 18/03/2011 A County Court Pinnock case. Unsuccessful but interesting in that it was a transitional case, commenced before the Pinnock judgment, and to the extent that it shows the court using the 'seriously...
Updating (some) leasehold valuations
The government is consulting on two technical (and, I suspect, wholly uncontroversial) changes to leasehold law. The consultation paper is available here, with responses required by September 12, 2011. Security of tenure Where a long lease comes to an end by...
Hand me downs
Crown Estate Commissioners v Peabody Trust & Poplak [2011] EWHC 1467 (Ch) [link to PDF] As we noted a while ago, the transfer of the Crown Estates Commissioners social housing estates to the Peabody Trust had brought about a test case on the status of...
“Bright lines” and housing benefit
The re-design of the administration of housing benefit has sought to address the scheme's complexity in recent years - the local housing allowance is a particular example of this re-design, with the shift to flat rate payments according to household size. ...
Safe European Home*
We noted J. L. v the United Kingdom here. Now there are two further English possession cases at the 'questions to the parties' stage of the European Court of Human Rights. Birch and Others v UK Application no. 26393/10 Birch arises out of possession...
Trespasser on the roof
Eaton Mansions (Westminster) Ltd v Stinger Compania De Inversion SA [2011] EWCA Civ 607 We're a bit late with this one, sorry. There was a bit of a debate about whether it was an NL case or not, but I found it interesting and it concerns residential leases,...
Not going quietly…
Or round 3 of Ms Pritchard's refusal to give up her former property to the 'We buy your right to buy home' firm that had obtained possession. Fineland Investments Limited v Pritchard (2011) Ch D 17/05/2011 [Note on Lawtel, unreported elsewhere] Readers may...
Ain’t nobody here but…
Windsor and District Housing Association v Hewitt (2011) CA (Civ Div) 19/05/2011 [On Lawtel and in a note from Tanfield Chambers.] Not chicken related, thankfully. This was the Court of Appeal hearing of Windsor & District's appeal from the refusal of...