Patel v K&J Restaurants [2010] EWCA Civ 1211 deals with a number of interesting questions concerning relief from forfeiture. Although the lease in question (of a restaurant and residential flats) fell within the Landlord and Tenant Act 1954, the case has...
Pathway plans and duties
In R(A) v Lambeth LBC [2010] EWHC 1652 (Admin) (Claim 1) and [2010] EWHC 2439 (Admin) (Claim 2), Kenneth Parker J considered first whether it was proper for a personal advisor to complete a ChIldren Act 1989 pathway plan, and, secondly, the degree of...
Power to the people!
NL doesn't have a vote in the New York gubernatorial election but, if we did, we'd probably cast it for the "Rent is Too Damn High" party. The performance of Jimmy McMillan in the recent gubernatorial debates has become something of a Youtube hit (available...
Squatters make good stories
A squatters story in the Evening Standard caught my eye today and I can't bear to let such nonsense pass. The story (so we are told) is that a hotelier moved out of his home for a week while it was being renovated and, coming back, found that it was occupied...
Fair limit on damages for ex-TTs?
Chase v Islington LBC Clerkenwell & Shoreditch County Court 30/07/2010 This case is reported in the October 2010 'Recent Developments' in Legal Action. It is an interesting case on the use of applications under Schedule 11, 21(3) Housing and Regeneration Act...
The Housing Corporation is dead! Long live the Housing Corporation!
So, we've now got the results of the "bonfire of the Quangos" (full list available here). For housing practitioners, the main points to note are: (1) Audit Commission - disband and transfer audit functions into private ownership; (2) Homes and Communities...
Tenants of defaulting mortgagees II
Earlier this year J reported the passage of the Mortgage Repossessions (Protection of Tenants) Act 2010 which comes into force tomorrow (1st October), together with the Dwelling Houses (Execution of Possession Orders by Mortgagees) Regulations 2010 (No....
New duty advice scheme at the London LVT
Yesterday the Leasehold Advisory Service (LEASE) announced in a press release that it would be operating a morning duty advice scheme at the London offices of the LVT from 21 September 2010. This news follows hot foot on the announcement that from 16...
A broken engagement
Dibble v Pfluger [2010] EWCA Civ 1005 concerns an appeal in a joint property case, largely decided on its facts. It has one interesting point of note for anyone who practices in this field: the couples were engaged to be married for much of the period of...
Unhappiness in the (e)state of Belgravia
Donath v Trustees of the Second Duke of Westminster Will Trust [PDF] is a first instance decision of the LVT. We do not normally reports such things but it concerns an application to vary an old-style estate management scheme. So rarely does one see estate...
Fee hike for appeals from the LVT
The ministry of justice has just published its response [PDF] to its consultation on fees for the Lands Tribunal — now of course the Upper Tribunal (Lands Chamber). This is bad news if you are an appellant. The fee for seeking permission to appeal from the...
Sunday Misc.
Some bits and pieces from the weekend... New websites 1 The OPSI and Statute Law Database sites have been combined into one new site for statute: www.legislation.gov.uk. However, the databases are the same and the current estimate is that about 50% of the...