More results...
Now that it's the silly season and there's not much happening out there, there's an opportunity to reflect on what's not happening with the Code of Guidance on Choice-Based Lettings, or more accurately, why it hasn't been issued. Is CLG on the naughty step?...
Swanlane Estates Ltd v Woods and others LRX/159/2007 (.pdf) This case concerns the not uncommon situation of a court or tribunal (in this case, a Leasehold Valuation Tribunal) taking a point which the applicant / claimant had not expressly pleaded and the...
Having posed some questions about this blog's future a couple of weeks ago, I am delighted to be able to announce the next stage for Nearly Legal. First and most importantly, you will notice case notes, news and opinion pieces by other people appearing from...
The August 2008 Legal Action contains a couple of cases concerning anti-social behaviour possession claims that weren't recorded elsewhere. Ealing LBC v Jama B5/08/0104 was a Court of Appeal matter. Mrs Jama was Ealing's secure tenant of a two bed property....
Forde v Birmingham City Council [2008] EWHC 90105 (Costs) In brief, where a firm had asked a client to sign a second CFA for a disrepair claim, at a time when it appeared that the first CFA might be found unenforceable, and the second CFA provided for a...
I'm not going to do a report on this one as it is a) epic, b) unprecis-able and thankfully c) pretty much off topic for housing law. But anyone who, like me, is a bit of an equity hobbyist on the side, the House of Lords judgment in Yeoman’s Row Management...
R (on the application of Heffernan) (FC) (Appellant) v The Rent Service) (Respondents) [2008] UK 58 concerns the meaning of locality in para 4(6) of Part 1 Schedule 1 Rent Officers (Housing Benefit Functions) Order 1997. Locality serves to define the area by...
Cantrell v Wycombe District Council [2008] EWCA Civ 866 concerns enforcement of positive covenants by a Local Authority. In return for funds towards the purchase of another property, a housing association had granted the Council nomination rights to six...
R (on the application of M) (FC) (Respondent) v Slough Borough Council [2008] UKHL 52 is a House of Lords case concerning Local Authority obligations under the National Assistance Act 1948, and specifically when the authority is obliged to arrange and pay...
Onwuama v Ealing LBC [2008] EWHC 1704 (QB). The Claimant made a claim for s.11 disrepair (in person), alleging dampness and electrical problems. No expert evidence was put forward as to the cause of dampness. The claim largely failed as the Judge found the...
Birmingham City Council v Lee [2008] EWCA Civ 891 concerns claimant's costs incurred while following the disrepair pre-action protocol. It is not uncommon for a landlord to do repairs after an early notification letter, or letter of claim, but pre issue (not...
So, Doherty (FC) (Appellant) and others v Birmingham City Council (Respondent) [2008] UK HL 57 Well, well, and once more for effect, well. This is a very interesting result indeed, although I use the word result in a non-definite kind of way. The headline is...