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...
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...
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...
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...
‘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...
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...
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...
What Westminster did next. Sending the homeless to Coventry
As has been reported here and here, Westminster City Council have decided to adopt various new housing policies. In particular, there are new proposed policies on temporary accommodation and permanent accommodation offers for homeless households. The...
To me – To you
Royal Borough of Kensington And Chelsea, R (On the Application Of) v London Borough Of Ealing (2017) EWHC 24 (Admin) A judicial review in which two local authorities fought over which of them was gong to have to owe a housing duty to a homeless applicant....
‘I should have been a tenant’ – more on Bristol property guardians
As far as property guardians go, all the action seems to be taking place in Bristol. As well as the issues (and possession claim) noted here, there is a separate possession claim going on, with Camelot seeking possession against Greg Roynon, who was also...
Works and quiet enjoyment
Timothy Taylor Ltd v Mayfair House Corporation & Anor [2016] EWHC 1075 (Ch) I'm very late with this one - been in the 'to do' pile for ages. In mitigation, it is a commercial property case, but has interesting elements on the way in which building works...
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,...