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North v Tyndale. Clerkenwell & Shoreditch County Court (4 October 2018) (Thanks to Nik Nicol, One Pump Court and Sadikur Rahman, Edwards Duthie for note of decision on which this is based). So, from the Supreme Court, to a first instance county court...
Nottingham City Council v Parr & Anor [2018] UKSC 51 It is not every day you see the Supreme Court setting HMO licence conditions, but today is that day. This was Nottingham's appeal from the Court of Appeal (and before that, the Upper Tribunal, and the...
Sajid v Nuur (2018) CLCC, 30 July (Judgment here) A county court appeal arising out of a set of proceedings starting with a disrepair claim by a private sector tenant, which raises issues of service and when second proceedings are an abuse of process. Our...
I finally updated the 'validity of section 21 notices' flowchart to take into account the 1 October 2018 changes. I've also included grey areas (literally). The 'grey areas' are where current case law, or the operation of statute, mean that things may...
Curo Places Ltd v Walker [2018] EWHC 2462 (QB) This was Curo Places appeal of a Circuit Judge's dismissal of its possession claim against Ms Walker. Ms W had a six year fixed term assured tenancy of a flat from Curo Places. Soon after the tenancy started, Ms...
The question in the rather wonderfully titled Watkins v Aged Merchant Seamen's Homes & Anor (2018) EWHC 2410 (Admin) was whether a former licensee who remained in occupation after a possession order could bring a complaint of statutory nuisance under...
Livewest Homes Ltd v Bamber (2018) EWHC 2454 (QB) This was Ms Bamber's appeal of a decision on a preliminary issue in possession proceedings. The first instance court held that in the circumstances of the case, Livewest were not obliged to give 6 months...
The post on Caridon Property Ltd v Monty Shooltz (gas safety cert and s.21) now has the approved transcript of judgment attached, which may be useful for anyone arguing such cases. The section 21 validity flowchart wasn't updated to include Caridon v...
This is an interesting decision of the Valuation Tribunal on the effect of the occupation by property guardians of a commercial building. Some (though not all) property guardian companies have made a sales feature of the alleged freedom from non-domestic...
A couple of notes. First, an erratum. In yesterday's post on long leases as ASTs, I originally suggested that once a leaseholder had sublet the whole, assured status was lost and could not be revived. On prompting, I concluded that this was wrong. In fact,...
[Post rewritten on 1 March 2020] While on leasehold issues, this has been floating around for a bit, but I don't think it has had the attention and awareness it deserves (perhaps particularly from conveyancers). With all the fuss/scandal around leasehold...
The Times reports on a story of forfeiture of a residential lease (paywall or limited free access). I'm noting this not because of any particular legal complications, but because it is one of the relatively rare examples where forfeiture actually happened....