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Toogood v McCourt and others Medway County Court, 6 November 2015 Mr Toogood is a landlord of some 200 properties and runs the Student Lettings Agency in Canterbury. The Defendants were the parents (and guarantors) of three students of five who had had...
Owens & Anor v Grose & Anor [2015] EWHC 839 (QB) As if tenancy deposits weren't complicated enough, now we can add libel claims to the consequences of a heated deposit dispute. It turns out that sending potentially libellous accusations to the...
R (on the Application of Omar) v Wandsworth LBC, (2015) QBD (Admin) (Ouseley J) 11/11/2015 (not on Bailii yet, note of extempore judgment on Lawtel). A tantalising lawtel note on what appears to be the first higher court decision on vulnerability after...
Moosun, & Ors v HSBC Bank Plc (t/a First Direct) [2015] EWHC 3308 (Ch) This was a part - surely now the end part - of a long running saga of a mortgage possession and sale. The novel (if unsurprising) point of law concerned the 'Ors' in this claim. You...
A couple of recent cases have highlighted the issues involved in transferring County Court possession orders to the High Court for enforcement by High Court Enforcement Officers. This is done by landlords, by and large, to bypass the wait for a county court...
A remarkable note on the Community Law Partnership site sets out what may possibly amount to a mass unlawful eviction of secure tenants by Birmingham City Council. Birmingham CC have been using High Court Sheriffs for evicting secure tenants after a...
NJ Rickard Ltd -v- Holloway (CA 03/11/2015) (Lawtel note of extempore judgment only so far) Sometimes winning isn't enough... A cautionary tale, in all sorts of ways. This was a Court of Appeal hearing on an appeal on costs. The original case was the...
It is hard to believe that nearly 6 years have elapsed since the Supreme Court heard the appeals in Ali and others v Birmingham CC (our note here), where the Court decided that a decision on a homelessness application involving a dispute of fact was not a...
Samuels v Birmingham City Council [ 2015 ] EWCA Civ 1051 A second appeal from a s.204 County Court appeal that addressed the council's decision-making on whether the property from which Ms Samuels had become homeless was affordable (and thus, whether she was...
Thanet DC v Grant LTL 2/11/2015 EXTEMPORE (only on Lawtel) This case deals with a small point relating to HMO licensing and prosecutions. It is only on Lawtel as an extempore judgement but is a pretty clear statement of the law. When making an HMO licensing...
Clarise Properties Ltd v Rees [2015] EWCA Civ 1118 (Lawtel/Westlaw only from what I can see) is an interesting* permission to appeal decision. It appears that devolution has caused an odd little difference in the test for permission to appeal from the UT(LC)...
In which the Nearly Legal team gain exclusive access to a (highly) fictionalised account of one man’s inside view of legislation currently going through Parliament, insofar as it relates to housing *** Morley Peckwitch, Member of Parliament for...