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Spielplatz Ltd v Pearson & Anor [2015] EWCA Civ 804 It would be easy to make smutty jokes during this post…and be in no doubt that I will do so! However, that should not detract from what is a pretty key decision in the crucial question of whether a...
Poshteh v Royal Borough of Kensington And Chelsea [2015] EWCA Civ 711 At issue in this second appeal from a s.204 appeal was whether it was reasonable for Ms Poshteh to have refused an offer of accommodation. Both parties agreed that the property was...
Service charge disputes in the FTT(PC)/LVT are generally regarded as a "no" or "low" costs proceedings. The Tribunals have very limited powers to award costs. In general terms, the FTT(PC) can award unlimited sums in respect of either wasted costs or...
Although it is a commercial property case, Freifeld v West Kensington Court Ltd [2015] EWCA Civ 806, is of interest and relevance to residential landlord and tenant law as well, as the Court of Appeal grapple with the approach to be taken to granting relief...
Via Jonathan Starr of Switalskis Solicitors comes this account of a PRS possession/deposit case. The account is by Mr Starr, slightly edited. Although only a county court case, so non-binding, there are some interesting points about the return of deposit...
The Upper Tribunal has another go at the separated families issue in CH 0062 2015-00 and this time, unsurprisingly, shuts down completely the FTT dissenting position in a Middlesborough FTT decision, while upholding and amplifying MR v North Tyneside. In...
With thanks to James Stark at Garden Court North for alerting me to this. From Monday (27.7.15) there is an important amendment to the Legal Aid merits test in S.I. 2015/1571. In short, "borderline" and "poor" cases are back in scope if it is necessary to...
In Bagum v Hafiz and Hai [2015] EWCA Civ 801, the Court of Appeal considered, apparently for the first time, the extent of its discretion under section 14, Trusts of Land and Appointment of Trustees Act 1996 ("TLATA"). The case is a sad and apparently...
In Mohamoud v RB Kensington and Chelsea and Saleem v Wandsworth LBC [2015] EWCA Civ 780, the Court of Appeal were faced with the difficult argument about the interaction between section 11, Children Act 2004 and possession proceedings brought by a local...
The CA is to hear bedroom tax appeals in A (the DV sanctuary appeal - our note here) and SR (where a minor requires overnight care - our note here) next term. A had been stayed pending the UKSC appeal in MA. However, Underhill LJ and Sir Stanley Burnton...
After several days of a mixture of swearing and incredulity, I am finally ready to write about the 'emergency' budget (the emergency apparently being the pressing need to raise inheritance tax thresholds). For housing, the budget will have a significant...
Khuja v Chowdhury [2015] EW Misc B18 (CC) A County Court deposit protection case, and an illustration of some of the ways in which landlords still haven't figured out how the deposit rules work. Ms C was the assured shorthold tenant of Mr K, allegedly a...