McHale v Earl Cadogan [2010] EWCA Civ 14 is, it's safe to say, probably not going to be one of the most discussed cases on NL this year, but we are nothing if not comprehensive and couldn't fail to write it up. Collective enfranchisement is the process...
Its all in the name
The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 has just been laid before Parliament in draft form, to come into effect on April 1, 2010. A copy is available here. In short, it makes it compulsory for local authorities...
New(ish) Section 21 Case
BAILII has recently added a case from November 2008. In Chohan v McManus [2008] EWCA Civ 1657 the Court of Appeal was considering what constituted occupation of premises for the purposes of an Assured Tenancy. The facts were that Mr McManus occupied a room...
Catching up with LAG
The January 2010 Housing updates in Legal Action have some County Court case reports that hadn't reached us. You will naturally have already read them in Legal Action, but for our archives... Tenancy Deposits O'Brien v Hill Barnet County Court 22/09/2009 Mr...
Jackson: the waiting begins
'What!' I hear you say, 'wasn't the final Jackson report on costs released on 14 January?' Why yes it was. All 584 pages of it. But amid the headlines about scrapping CFA success fees and recoverable ATE insurance premiums, introducing contingency fees, and...
Rent Repayment Orders
As well as the process of criminal convictions and fines which results from the failure to have the necessary property licence as required by the Housing Act 2004 there is a further penalty which can be imposed on unlicensed landlords. This is the Rent...
Sale and leaseback – a transaction at an undervalue?
Could the sale and leaseback of a house be a transaction at an undervalue and thus be caught by section 423 of the Insolvency Act 1986? This was the main question considered by the High Court in Delaney v Chen although some other points of interest were...
On the Naughty Step
And what a thoroughly deserving new entrant to the roll we have in Anthony Carroll, apparently known as 'Uncle Tony', although 'Uncle' to whom and whether any Godfather style references were intended is not at all clear. Mr Carroll is a Nottingham based...
Credit where it's due?
Walsh v Singh [2009] EWHC 32 is a fascinating case about constructive trust (CT) and proprietary estoppel (PE), or at least it could have been. First credit goes to HHJ Purle QC, sitting as a judge of the High Court, who has managed the seemingly impossible...
Don’t answer the phone…
[Update 03/04/2011 - the Court of Appeal decision on the further appeal in this case is here.] Makisi v Birmingham City Council (Birmingham County Court Appeal Ref: BM9 0166A, 6 Jan 2010) This was the County Court hearing of a s.204 Housing Act 1996 appeal...
Rent arrears, transfers and Weaver in operation
McIntyre & Anor, R (on the application of) v Gentoo Group Ltd [2010] EWHC 5 (Admin) This was the judicial review of North Sunderland Housing Company's refusal to permit an exchange of homes by the Claimants, joint assured tenants, with another NSHC...
It's a confused world out there…
And for the new year, it seems an opportune moment to delve into the Nearly Legal search logs in a vaguely quixotic attempt to provide answers to some of the questions that brought people here. Alternatively, where this is not possible, we can stare in mute...