London Borough of Islington v Boyle & Anor [2011] EWCA Civ 1450 This rather sad case was Islington's appeal on the issue of whether Ms Boyle was occupying the flat she had under a secure tenancy as her 'sole or principal home'. It is a highly significant...
Money can’t buy you everything
Sun Street Properties Ltd v Persons Unknown [2011] EWHC (Ch), [2011] All ER (D) 72 (Dec) [no transcript available yet] Or, what the hell is going on about Occupy/Bank of Ideas and the property owned by Union Bank of Switzerland. As you probably noticed, on...
Sometimes Turning Up Is Optional
Hardy & Anor v Haselden & Ors [2011] EWCA Civ 1387 Excuse the (slightly flippant) title which is a backhanded reference to a recent post by NL. This is actually a slightly sad case. It is also slightly convoluted set of facts so you will have to bear...
Until the Abbott be deposed: uncertain terms
Berrisford v Mexfield Housing Co-operative Ltd (Rev 1) [2011] UKSC 32 What happens to a lease for an uncertain term? Or a tenancy that ends on some specified event, whose date is not known and which may or may not happen? Can either the tenant or the...
Proportionality. A precis on ‘summary’
Holmes v Westminster City Council [2011] EWHC 2857 (QB) An interesting appeal from a summary possession order on the issue of consideration of proportionality. While the outcome is not, perhaps, a surprise, some of the arguments are. Plus this is an example...
Water Under the Bridge
Rochdale Borough Council v Dixon [2011] EWCA Civ 1173 Apologies for the late delivery of this case note which has been held up by a blizzard (of work rather than the kind afflicting the Eastern USA). This case is somewhat complicated and involved so you will...
Forward to the 18th Century!
The Coalition's proposed legislation this week has a marvellously retro feel to it. Sniff the air. Through the whiff of horse dung and open sewers, you can tell we are back in the days of Queen Anne and not solely because the lawfulness of the catholicity of...
No, that is your elbow
In which we discover what happens when an RSL serves a notice confirming an assured tenancy after serving a s.21 notice on an assured shorthold tenant. Saxon Weald Homes Ltd v Chadwick [2011] EWCA Civ 1202 Mr Chadwick had been given an AST by Saxon...
Sale and Rentback (again)
I've got to admit it, I've fallen for HHJ Behrens. I've no knowledge of him, have never appeared before him, and have only read his written words, but he just seems to be that type of property lawyer who is also human. He is developing something of an...
Turning up is usually the best idea
Williams & Anor v Hinton & Anor [2011] EWCA Civ 1123 This, and please bear with me here, was an application for leave to appeal a Circuit Judge's trial judgment. It was also an application for an injunction to restrain enforcement of the trial judgment,...
Delays, stays and funding limitations
Windsor and District Housing Association v Hewitt [2011] EWCA Civ 1096 (Not on Bailii or elsewhere. We've seen a transcript). It is of interest not least for the Court of Appeal's view of the meaning of the funding limitations on a Public Funding...
Well he would, wouldn’t he?
The mass letter on misrepresentation of trespass will be going out this morning (Monday 26 Sept). The letter will be sent to all the major newspapers, and BBC and ITN news, probably before you read this. The Guardian has what I think is a good article on the...