Medley

Here are various bits and pieces, while we await big cases such as the Supreme Court decision in Poshteh v RB Kensington & Chelsea. (You can watch the hearing here.) We don’t usually promote events on Nearly Legal, but I am happy to make an exception for this one. Cornerstone Barristers are hosting the inaugural […]

Failings and functions

BBC News reported on the effect of the Retaliatory Eviction provisions in the Deregulation Act, some 16 months on. A large scale FOI request produced the result that only 19% of councils had recorded stopping even 1 retaliatory eviction through service of an Improvement Notice or Emergency Remedial Action Notice. This does not come as […]

Who knows where? – service and the Land Registry

Service of notices, claims etc on ‘last known address’ can be a bit of a thorny issue. Not least the question of the extent of reasonable inquiries to find the missing person before the ‘last known address’ can be relied on for service. Thus the intriguing possibilities in: Oldham Metropolitan Borough Council v Tanna [2017] […]

Service charges, contracts, social housing and subsidies

Thomas Homes Ltd v Colin MacGregor [2016] UKUT 495 (LC) An interesting question. To what extent, if at all, can leaseholders’ service charges be set at a level to ‘subsidise’ a shortfall as against actual maintenance costs in service charges recoverable from social tenants in flats provided under a section 106 agreement. The difficulties in […]

Reasonable costs of Improvements

The London Borough of Hounslow v Waaler [2017] EWCA Civ 45 We saw the Upper Tribunal take a new approach to determining whether the costs of improvement works, passed on through the service charge, were reasonably incurred. The UT held that particular consideration should have been given to the views of the leaseholders, whether they […]

Perception of doors*

Southwark Council v Various Lessees of the St Saviours Estate [2017] UKUT 10 (LC) (Full disclosure – my firm acted for the Lessees). The issue in this Upper Tribunal case was whether LB Southwark was entitled charge the leaseholders for works to replace communal doors and front entrance doors carried out during fire safety improvement […]

‘Solicitor’s agents’ yet again – no rights of audience?

Following on from this post and then this one, there are further developments on the issue of rights of audience for ‘solicitors agents’ or ‘advocates’ – those who turn up to represent a party despite not being qualified to provide advocacy on their own behalf – and while not definitive (county court decisions only), it […]

Costs and inquiries – homelessness appeals

The London Borough of Croydon v Lopes [2017] EWHC 33 (QB) Costs on settled s.204 Housing Act 1996 appeals – the issue that never goes away. The latest instalment also brings with it some rather sharp findings by the Court of Appeal on the extent of inquiries the council should have made. Ms Lopes had […]

Suitability and PSED

London Borough of Hackney v Haque [2017] EWCA Civ 4 In which the Court of Appeal grapple with the application of the Public Sector Equality Duty to decisions on suitability of accommodation provided under s.193 Housing Act 1996 (in satisfaction of the full housing duty). Hackney had accepted a full housing duty to Mr Haque […]

So now Gopee, walk out the door

There are new cases to report on – the Court of Appeal on suitability reviews and the PSED and the Upper Tribunal on leasehold works charges, fire resistant doors and disrepair – but those will have to wait for a couple of days. I’ve got places to be and people to sue in the meantime… […]