Charalambous & Anor v Maureen Rosairie Ng & Anor [2014] EWCA Civ 1604 The Court of Appeal has again thrown the cat among the tenancy deposit protection pigeons. In Charalambous it had to grapple with the, admittedly fairly rare scenario, of a deposit...
Conscious Re-coupling and Succession
In R (Turley) v LB Wandsworth , the Claimant was the partner of the late Mr Doyle, who was the secure tenant of a property at Battersea Park Rd, London, SW8 from 1995 until his death on 17/3/2012. Mr D and Ms T had 4 children together and they lived at the...
Shared ownership – new guidance
The CML, NHF, HCA, BSA have produced new guidance on handling arrears and possession sales of shared ownership properties (the previous guidance was in 2010 and the contact details provided were out of date). I am not sure that there is a huge difference...
Human Rights Round-Up Part 2
Lemo and others v Croatia [2014] ECHR 755 (10/7/2014) Both the facts and the outcome in this case are highly reminiscent of Brezec v Croatia (see our note here). The applicants had occupied flats under protected tenancies from the 1970s until their eviction...
Stop Retaliating!
The Tenancies Reform Bill has now been formally published following its second reading. The Bill has changed substantially from the original version that was put forward by Sarah Teather MP and drafted by Shelter. We commented on the Bill before as we had...
Southwark: Not appealing
It is not unknown for losing parties in a case to not be happy, indeed very upset. There are two basic options. To shut up and put up with it, or appeal. Rather unusually, faced with one of the most coruscating High Court judgments I can recall, in AA V LB...
Angels Dancing on the Head of Anti-Social Behaviour
Telchadder v Wickland Holdings Ltd [2014] UKSC 57 I will admit to being a bit cool on static caravan parks. I used to live in an area surrounded by them and could never understand why people would want to holiday in them, much less live in them permanently....
Monk silenced
Sims v Dacorum Borough Council [2014] UKSC 63 If there is a positive to take from this, it is that it is a Supreme Court judgment that won't take long to discuss. The issue of the rule in Monk that notice by one joint tenant determines the whole tenancy came...
Human Rights Round-Up Part 1
Tijardovic v Croatia [2014] ECHR 637 (19/6/2014) Mrs T and her family occupied a flat in Split, Croatia, which her father-in-law had held under a specially protected tenancy with the Split Municipality, from 1983 onwards. Between 1985 and his death in 1998,...
Possession Archives
The extremely slow work of adding downloadable, searchable PDFs of the NL archives continues. In addition to the homelessness archives, there are now PDFs of the possession case posts from 2006 to date on the PDF Archive page. As before, these are unedited,...
A very unlawful eviction
(Finally) AA v London Borough of Southwark [2014] EWHC 500 (QB) This High Court judgment is remarkable in many ways, most of them worrying. It was the result of a six day hearing, with Southwark putting Kelvin Rutledge QC up against Mr AA in person and ended...
Retaliatory Eviction and Law Reform
The government (through its Minister for Communities and Local Government, Stephen Williams) today announced its backing to Sarah Teather's private members bill, whose aim is to prevent landlords from evicting tenants who have complained about disrepair in...