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Global 100 Ltd v Laleva (2021) EWCA Civ 1835 There is a hell of a lot packed into one appeal here, so I'll try to be brief. This was Global 100's appeal of a first instance appeal (our note here) in which HHJ Luba QC had held that the first instance District...
According to this article, the Residential Landlords Association are up in arms about the European Court of Human Rights being about to rule on article 8 defences in a case affecting private land owners. Richard Jones, the RLA policy director (and a...
A report of a County Court mortgage possession case has reached us, in which the secured lender's behaviour resulted in a finding of abuse of process. The question was when (an if) an arrears payment had been received. Blemain Finance Ltd v Andrea Jayne...
London Borough of Camden v Stafford [2012] EWCA Civ 839 This case revolves around the question of whether a review under s129 Housing Act 1996 does or doesn't uphold the original decision to serve a notice. In particular, when the decision may state that the...
Just a brief note on this. As yet no transcript. This is another example of a fairly robust antisocial behaviour decision being upheld on appeal and it reinforces the well established principle that an appellant who is essentially attacking the discretion of...
In the Summer Dave and David Smith posted about the case of Kinnear v Whittaker in the High Court. Bean J allowed an appeal against the summary disposal of a possession claim where the defendant had raised proprietary estoppel as a defence. This interesting...
Webb and another v Marcos and another CA, July 8, 2011 (lawtel and westlaw notes only) looks like a sad tale, as well as being one of those (hopefully rare) cases where a possession order was enforced by committal. M was the occupier of a property which had...
You may recall, almost two years ago now, we reported on the case of Defence Estates v L [2009] EWHC 1049 (Admin), under the title “Something of a mess”. The title was a reference to a comment of Collins J during the course of discussions after his judgment...
Pinnock v Manchester City Council [2010] UKSC 45 (Supreme Court pdf & BAILII links) Whenever a battle weary group of housing lawyers gets together, conversation inevitably turns (after the routine complaints about the less congenial DJs) to the thorny...
Patel v K&J Restaurants [2010] EWCA Civ 1211 deals with a number of interesting questions concerning relief from forfeiture. Although the lease in question (of a restaurant and residential flats) fell within the Landlord and Tenant Act 1954, the case has...
Earlier this year J reported the passage of the Mortgage Repossessions (Protection of Tenants) Act 2010 which comes into force tomorrow (1st October), together with the Dwelling Houses (Execution of Possession Orders by Mortgagees) Regulations 2010 (No....
The Court of Appeal has ruled on a Sale and Rent Back matter and on its connection to Tenancy Deposit Protection.