Jasbir Kaur Kahlon v Andrew Isherwood [2011] EWCA Civ 602 (on Lawtel but not on BAILII yet) UPDATE: Transcript now available on BAILII Schedule 2A of the Housing Act 1988 was inserted by the Housing Act 1996 and supports s19A which was inserted by the same...
Eviscerated? Now also Drawn and Quartered
Gladehurst Properties Ltd v Hashemi [2011] EWCA Civ 604 (Not on BAILII at time of writing) UPDATE: Transcript now available on BAILII In Tiensia LJ Sedley said that the decision of the majority 'eviscerated' the tenancy deposit protection legislation. The...
When more means less
Green v Sinclair Investments Limited Clerkenwell and Shoreditch County Court. 11 June 2010 This is a County Court and non-binding tenancy deposit case reported in September 2010 Legal Action 'Recent Developments'. But it is interesting and harks back to a...
Waiting For Tiensia
A case in Central London CC has considered the meaning of ‘received’ in relation to tenancy deposit protection.
Permission 1 – refused: date of notice
Elias v Spencer [2010] EWCA Civ 246 [Not on Bailii yet] This was a permission to appeal to the Court of Appeal hearing. The issue was the date given in a s.21 Housing Act 1988 notice on an assured shorthold tenancy. The notice stated that possession was...
I’ll get you, my pretty, and your little dog, too! Two*
Thomas-Ashley v Drum Housing Association Ltd [2010] EWCA Civ 265 This is probably the biggest single week for dog-related possession claims ever. At this rate, the RSPCA will have to open a housing practice. The brief facts are at para 1 of the Court of...
When does a tenancy begin?
Lynch v Kirby, QBD, 28.1.10 before Nicola Davies QC sitting as a Deputy Judge is - according to Casetrack - in the process of being written up. I became aware of it as a (very) short note on the Garden Court bulletin last Monday. I doubt that it'll set the...
Bits from August LAG 2: Unlawful Eviction damages
The August edition LAG housing updates also contain a couple of County Court unlawful eviction and harassment cases that are well worth noting, particularly on quantum. Abbas v Iqbal, Bow County Court 4 June 2009. Mr Abbas, who was elderly and in poor...
Bits from August LAG 1: Tenancy Deposits
As ever, the lovely Legal Action housing updates have some interesting County Court cases that hadn't reached us. A couple in the August edition concern tenancy deposit cases. Nothing binding (and when will some of these cases reach a higher court?), but...
Shocking lack
And I apologise for the pun in the title, which is in dubious taste. Normally on NL, we restrict putting our view on matters to a few comments or the odd, albeit caustic, remark. But the events and legal requirements that are set out in this story from the...
HB means no gas or electricity
In the July edition of Legal Action's housing reports is the otherwise unreported Salah v Munro Willesden County Court April 2009. This was a harassment and unlawful eviction case. Ms Salah began an assured shorthold tenancy of a room on 23 March 2008 for a...
Victory – Bjorge Lillelien style
Every now and then, a case comes to my attention which makes me causes me unimaginable joy. Redstone Mortgages Plc v Welch, Jackson & Jackson (Birmingham County Court, June 22, 2009, HHJ Worster) is one of those cases. It's already attracted some media...