Following on from the news that LEASE (the Leasehold Advisory Service - a quango) had not been granted funding to continue to advise the public on commonhold issues (see our note, here), comes the news that it is to stop offering mediation services in...
Take only what you need
Hemphurst Ltd v Durrels House Ltd [2011] UKUT 6 (LC) is, I suspect, going to go on appeal to the Court of Appeal. Certainly, if you practice in the field of leasehold enfranchisement, it's one you'll want to know about as it's pretty important. In general...
What’s yours is mine (in variable proportions)
Clarke v Meadus [2010] EWHC 3117 (Ch) Normally Dave would be covering this kind of case, knowing more about equity and trust right now than I probably ever will. But Dave is off being very clever to a tight deadline for other people, so I get to indulge my...
Tenant’s relief from Mortgagee
GMAC RFC Ltd v Jones Lambeth County Court 15/11/2010 With thanks to the Legal Action Recent Developments in Housing Law - report in the January 2011 edition. This was a case on the operation of the Mortgage Repossessions (Protection of Tenants etc) Act 2010,...
Dear Mr Shapps
My word, what a fountain of press releases you have been lately. Quite takes me back to the heady days of John Healey. But it is this press release I want to talk about, the ‘Neighbours from Hell’ one. You announce that you: will introduce a new additional...
Care and attention v keeping a watch over
SL, R (on the application of) v City of Westminster Council [2010] EWHC 3182 (Admin) A rolled up permission and substantive judicial review hearing on the issue of whether the local authority owed a duty under s.21 National Assistance Act 1948 (as amended),...
Priority through dizziness?
Hussain v London Borough of Hounslow [2010] EW Misc 15 (CC) (01 December 2010) Not sure why this one wasn’t written up in November. I thought we’d covered it, but apparently not. It is worth a look not just on the specific issues but as the pre-amble sets...
Catching up with 2010 Part 1 – disrepair
Part 1 of cases - mainly county court - that we have missed or not heard of during 2010. With our grateful thanks to Beatrice Prevatt of Garden Court for bringing these to our notice in her disrepair update at the HLPA conference: Shazad v Khan. Birmingham...
There’s no place like HMO
A brief trip to the Emerald City, or rather Reading, where the Borough Council may have established a record for a fine for breaches of The Management of Houses in Multiple Occupation (England) Regulations 2006 and the Housing Act 2004 Section 11. An HMO at...
Marriage value
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...