Property Guardians & tangled webs (Camelot. Again)

There is a bit of a thing unfolding in Bristol involving property guardians, Bristol City Council and Camelot, one of the larger property guardian firms, upon whom we have had cause to remark upon several times in the past. Several former nursing homes, owned by the Council, were standing empty. The Council went with Camelot to […]

Human Rights Round-Up

A selection box of ECtHR cases from the last few months: Vrzić v Croatia 12/7/2016 The applicants were the owners of a property in Croatia. In early 2009, they secured finance from a private company and their property was used as collateral. The applicants defaulted on payment of the loan and the creditors began proceedings […]

Almshouses, tenancies and Article 14

This post is my Christmas gift to land law students everywhere in the UK.  It is a discussion of the very important Court of Appeal decision in Watts v Stewart [2016] EWCA Civ 1247, which concerned whether charitable providers of accommodation (in this case, almshouses, but, in principle, the issue in the case is broader) are exceptions to […]

We’re going to need another canto – 2016 roundup

“We to the place have come, where I have told thee Thou shalt behold the people dolorous Who have foregone the good of intellect.” (canto 3) Midway between Christmas and new year, I found myself, fat and indolent, on the sofa, contemplating a year-end post. The trouble with 2016, I realised, is that it made […]

Suspense surrounds suspended possession orders

Ever since Cardiff City Council v Lee [2016] EWCA Civ 1034 (our note), there has been a ferment and a gnashing of teeth amongst landlords, particularly social landlords, about the best way to deal with the ‘new’ requirement under CPR 83(2) to make an application with evidence for permission to request a warrant of possession on […]

Private sector updates

Section 8 notice prescribed form The Govt has made The Assured Tenancies and Agricultural Occupancies (Forms) (England) (Amendment No. 2) Regulations 2016. The Schedule contains a new ‘form 3’ – the prescribed form of Section 8 Notice Seeking Possession. This must be used for s.8 notices served on or after 1 December 2016. The change […]

Initial Requirements and late prescribed information

Our thanks for this county court possession and deposit appeal case note to Josephine Henderson of Five Paper Chambers and Dambudzo Tenner of Duncan Lewis Amak Property Investments (London) Ltd v Laura Sonny B01CL657. 15 September 2016, The County Court at Central London This was an appeal of the dismissal of a set aside application following […]

Odds and Ends

Assorted updates. Right to Rent – the new criminal offence. The Immigration Act 2016 (Commencement No. 2 and Transitional Provisions) Regulations 2016 have been made and come into force on 1 December. The draft DCLG Guidance for the courts on the defence of taking steps to end a tenancy in a reasonable time is here. […]

Second (non-) succession

In Holley v Hillingdon LBC [2016] EWCA Civ 1052, Mr Holley was seeking to challenge the council’s decision to evict him and his brother from a three bedroom property that could sleep up to six persons, in which Mr Holley had lived for 32 years of his life and where he was suffering from a range of mental […]