McHale v Cadogan [2010] EWCA Civ 1471 is turning into a bit of a Jarndyce v Jarndyce. We noted the first part of the Court of Appeal decision earlier in the year here and ended it by saying: "The appeal also raised another issue, namely whether the...
On the fourth day of Christmas, my true love gave to me…
... a case about service charges, balancing payments, LVT procedure and precedent. In Holding and Management (Solitaire) Ltd v Sherwin [2010] UKUT 412 (LC), the Upper Tribunal (Lands Chamber) had to grapple with s.20B, Landlord and Tenant Act 1985. This...
Localism Bill published
The Localism Bill was published yesterday. I suppose it might be seen as an exciting time for the housing sector - somebody described it as a potential "paradigm shift" at an event I was at last week - but, whether or not that is correct (and it could yet...
Adverse Possession: Articles 1, 6 and freedom of speech?
Agnes Ofulue v the United Kingdom Application no. 52512/09 ECtHR This admissibility hearing was the culmination of a long, long story. We reported the Court of Appeal judgment and the House of Lords judgments. The very abbreviated history was that in 2005,...
Tis the season for giving (1)
Leeds and Yorkshire Housing Association v Vertigan, Court of Appeal, December 9, 2010 (Elias LJ, Norris J, Lawtel note only) Vertigan was the assured shorthold tenant of the claimant. Over the years, it seems that he had done a number of things of which his...
No recovery of accidental overpayments
The Child Poverty Action Group v Secretary of State for Work and Pensions [2010] UKSC 54 Just a quick note to confirm that the Supreme Court has unanimously upheld the Court of Appeal decision (reported here) that the Secretary of State cannot use common law...
Borscht with your Royale?
Continuing the food-related nature of our posts on Art. 8, ECHR cases (see, inter alia, here and here) we've got a bit of cold borscht from Ukraine in the case of Kryvitska and Kryvitskyy v Ukraine App. No. 30856. Like a bowl of borscht, I'm not quite sure...
New evidence of disrepair – Ladd v Marshall revisited
Herelle v South London Family Housing Association Ltd, CC/2009/PTA/0737 (High Court Chancery Division) 20 July 2010 [Not reported elsewhere] Perhaps apropos of J's recent comments on RSLs 'fighting daft disrepair cases', we have an update on what was a...
Relying on advice on the LHA
Ombudsman's Decision: Complaint against Newham LB [2010] Complaint no 09 003 325 9 November 2010 Hat-tip to the Garden Court bulletin for this one. Miss Thornton (pseudonym) was in temporary accommodation provided by Newham LBC pursuant to the full housing...
A (council) taxing matter
Malik v LB Tower Hamlets [2010] EWHC 2921 (Admin) And so, another council tax/HMO appeal finds its way to the High Court. For those of you wondering why you've suddenly seen more of these in the last year or so, there are two answers: (a) a suddent and...
I’m just venting
Bilgili v (1) Paddington Churches HA & (2) Pathmeads HA [2010] EWCA Civ 1341 (only available on Casetrack, so far as I can tell, but noted in the GC bulletin [edit: eventually appeared on BAILII) is a refusal of permission to bring a second appeal in -...
Private Sector Accommodation and Part 7
Hanton-Rhouila v Westminster City Council [2010] EWCA Civ 1334 This was a second appeal from a s.204 Housing Act 1996 appeal which had been dismissed by a Circuit Judge. Mrs Rhoulia had applied as homeless to Westminster and the appeal was of Westminster's...