Pretty Vacant

NYK Logistics (UK) Ltd v Ibrend Estates BV [2011] EWCA Civ 683 This is a commercial leasehold case, but it is the first significant case on the meaning of ‘vacant possession’ since about 1946 and is of general application, so here it is. NYK was the lessee of a warehouse owned by Ibrend. NYK purported […]

Not too late but too little

Southwark LBC  v Barrett Bromley County Court 18/03/2011 A County Court Pinnock case. Unsuccessful but interesting in that it was a transitional case, commenced before the Pinnock judgment, and to the extent that it shows the court using the ‘seriously arguable’ threshold. Ms Barrett was a non secure tenant, the tenancy being granted under Part […]

Not going quietly…

Or round 3 of Ms Pritchard’s refusal to give up her former property to the ‘We buy your right to buy home’ firm that had obtained possession. Fineland Investments Limited v Pritchard (2011) Ch D 17/05/2011 [Note on Lawtel, unreported elsewhere] Readers may recall the possession judgment, and the multi stranded (and multi partied) appeal […]

Eviction without notice or permission

Pritchard & Ors v Teitelbaum & Ors [2011] EWHC 1063 (Ch) This case forms part of the aftermath of Fineland Investments Ltd v Janice Vivien Pritchard [2011] EWHC 113 (Ch) (our report here). It appears that Ms Pritchard was not going to take either the possession order granted in that case, or indeed her subsequent […]

Article 8 in the County Courts. Part 1 of…

We’ve heard of a couple of County Court proportionality defence decisions since Pinnock. but none in enough detail to report. One of those is, apparently, headed to appeal, so maybe more then. But we’ve now had sight of a full judgment in a County Court case involving a proportionality defence. And it is interesting, not […]

On the naughty step: Bait and Switch

I don’t read the Daily Telegraph. Frankly I’ve failed to see the point since it stopped featuring details of the salacious trial of the day as a regular fixture on page 3, because the rest of it was preposterous blimpish nonsense, mainly full of regret that Britain ever came off the gold standard. I was […]

Unwillingly at will

Katana & Anor v Catalyst Communities Housing [2010] EWCA Civ 630 A slight oddity of a case, an application for permission to appeal, not strictly a housing matter, despite the Respondent. But it is of interest in the way it deals with tenancies at will CCH were the freehold owners of business premises since 2004. […]

You gotta have an opinion

Hounslow v Powell; Leeds v Hall; Birmingham v Frisby [2011] UKSC 8 [This is probably a work in progress. There may be further additions and comments as people get a chance/have a brainwave. We’ve also ended up writing this as something of a tag team. Chief did most of it and starts us off.] Sometime […]

No admittance

Sharon Horie v the United Kingdom – 31845/10 [2011] ECHR 289 Back at the end of 2009 we reported the Supreme Court case of Secretary of State for Environment, Food and Rural Affairs v Meier and another, which upheld the use of a quia timet injunction – a prospective possession order – against a group […]

Kay v UK – A royale quarterpounder?

Introduction Sorry for the delay in getting this post up, the delay is partly due to work but, more importantly, we’ve been arguing between ourselves as to how best to deal with it. Frankly, we can’t agree on what the case actually means and what the possible effects are. So we’ve done this as a […]