A recent case promises to be the first to the Court of Appeal on the issue of tenancy deposit protection.
Tenancy Deposit Protection on Sale and Leaseback
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Possession
New(ish) Section 21 Case
BAILII has recently added a case from November 2008. In Chohan v McManus [2008] EWCA Civ 1657 the Court of Appeal was considering what constituted occupation of premises for the purposes of an Assured Tenancy. The facts were that Mr McManus occupied a room...
Jackson: the waiting begins
'What!' I hear you say, 'wasn't the final Jackson report on costs released on 14 January?' Why yes it was. All 584 pages of it. But amid the headlines about scrapping CFA success fees and recoverable ATE insurance premiums, introducing contingency fees, and...
It's a confused world out there…
And for the new year, it seems an opportune moment to delve into the Nearly Legal search logs in a vaguely quixotic attempt to provide answers to some of the questions that brought people here. Alternatively, where this is not possible, we can stare in mute...
Ending 'Horsham' possessions?
The Ministry of Justice has issued a consultation document on a proposal to require mortgage lenders to obtain a court order or the consent of the borrower before repossessing and selling residential owner-occupied homes. (The consultation document is here)....
Pinnock Permission
We've just heard that Pinnock in Manchester CC v Pinnock has been given permission by the Supreme Court. Our note of the Court of Appeal case is here ([2009] EWCA Civ 852). We had wondered about permission after Central Beds v Taylor was refused. I would...
Lord Neuberger on housing law
The UKSC - an excellent blog (albeit technically and practically horrible to use) which is dedicated to the doings and ins and outs of the Supreme Court - has a interesting post on Lord Neuberger's keynote to the SHLA conference. I wonder how the SHLA...
On possession, recovery and quia timet injunctions
Secretary of State for Environment, Food and Rural Affairs v Meier and another and others and another and another [2009] UKSC 11 A Supreme Court Judgment handed down today, 1 December 2009. This was an appeal from the Court of Appeal, [2008] EWCA Civ 903,...
Shop an unlawful sub-tenant, win £500
The Government has decided to have a campaign against unlawful sub-tenancies of social housing, or rather against the unlawful landlords and tenants both. The estimated figures are that between 50,000 and 200,000 social properties are occupied by...
Tenant 1 – 0 Receiver
B v N and others [2009] EWHC 2884 (Admin) The Criminal Justice Act 1988 makes provision for the confiscation of the proceeds of an offence. In the case of realisable property (such as a residential home), s.80(2) permits the appointment of a receiver, who,...
Stick, twist or fo(u)ld?
Abbey National v Miller [2006] EWCA Civ 1520; [2007] EWCA Civ 138 Miller-Foulds v Secretary of State for Constitutional Affairs [2008] EWHC 3443 (Ch); [2009] EWCA Civ 1132 You'd be forgiven for not having noticed any of this (long running) litigation over...
Central Beds v Taylor – Supreme Court permission refused
Central Bedfordshire Council v Taylor & Ors We've just heard that permission to appeal to the Supreme Court in Central Beds v Taylor has been refused. Our note of the Court of Appeal case is here. This was surely a chance for the Supreme Court to revisit Kay...