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We have had a lot to say about squatting. In fact those of you who are quick may even be able to see one of the authors of the blog on television talking about it today! With the new legislation criminalising squatting due to come into force at the weekend...
Johnson v Old, Brighton County Court We have not yet written about this case even though the first instance decision was reported in Legal Action. As it turns out this has been useful as the original decision, as written up in Legal Action has been set aside...
This is case that highlights the benchmark for seeking an injunction for accommodation on a judicial review claim R (on the application of Bates) v Barking & Dagenham LBC (2012) QBD (Admin) 17 August 2012 [Note of extempore judgment on Lawtel] Ms B had...
Just how bad and inappropriate does temporary accommodation have to be to be unsuitable? There is an interesting post by David Thomas on the Anthony Gold 'Housing and Public Law' blog about a settled Judicial Review that highlights this issue. The challenge...
Is the Occupiers' Liability Act 1957 still relevant in a landlord & tenant relationship, or not? Jasmine Alexander v (1) Freshwater Properties Limited (2) Christopher Place [2012] EWCA Civ 1048 This was an appeal, decided within a few days of Drysdale v...
This is a little off topic, but it is an issue that would affect Nearly Legal and some of its readers. It is also an issue that affects legal blogging more generally. The Senior Presiding Judge and the Senior President of Tribunals have issued guidance on...
IT IS NO PART OF THE COURT OF CONSTRUCTION TO IMPROVE A DOCUMENT HARRY FITZHUGH v ANTHONY FITZHUGH EWCA Civ 694 The Claimant and Defendant were brothers. They were joint administrators of their father’s estate. This consisted of a farm and land. Anthony and...
This is a failed possession and tenancy deposit case now of largely historic interest, though the principles still largely hold true. There is also an interesting point on the period of the tenancy - contractual date v rent date. Our thanks to Legal Action's...
Courtesy of the Local Government Ombudsman and Shelter, we have joint and several occupants of the naughty step. Welcome to the Step to Kent County Council and Dover District Council. (I know that some of you read NL) The full and frankly shameful story is...
What constitutes a defect or a lack of repair for the landlord to be liable for tenant's injury? This the first of a couple of cases involving liability under sections 2 Occupiers Liability Act 1957 and 4 of the Defective Premises Act 1972 and stairs, or...
Henson v Blackwood & Blackwood. Mayors & City of London Court 29 June 2012 & Central London County Court 25 July 2012 [We are grateful to Dean Underwood of Hardwicke Chambers for his notes on this case, from which quotes are taken and to GT...
This is, I accept, slightly cheeky, but it occurred to me that our readers might like to apply for the job of President of the new First Tier Tribunal (Property Chamber). Salary is £138,548 (and a judicial pension). The successful candidate will provide the...