Relevance and homelessness

Safi v Sandwell BC (2018) EWCA Civ 2876 can be regarded as a footnote of some significance in the factors which are relevant in determining whether a household is homeless for the purposes of s. 175, Housing Act 1996.  (And, as a footnote to that footnote, a point for the cognoscenti of review processes: it is interesting […]

Urgent appeals in warrant suspension cases

We’ve all been there. Perhaps more frequently, litigants in person have been there (although hopefully not the same LiP over and over again). A warrant for possession is due to be executed the next day. It may even be the same day. The occupier has applied to a District Judge to suspend the warrant. The […]

Set Aside or Appeal, or both?

Bank of Scotland v Pereira & Pain & Pain [2011] EWCA Civ 241 This is a rather odd one. Although the case involves fraudulent sale and rent back agreements, mortgage possession and a rescinded sale and transfer of title, that isn’t why we’re writing it up. The reason this Court of Appeal case is worth […]

On the fourth day of Christmas, my true love gave to me…

… a case about service charges, balancing payments, LVT procedure and precedent. In Holding and Management (Solitaire) Ltd v Sherwin [2010] UKUT 412 (LC), the Upper Tribunal (Lands Chamber) had to grapple with s.20B, Landlord and Tenant Act 1985. This provides: “Limitation of service charges: time limit on making demands. (1)           If any of the […]

Penal Notices on Admin Court orders?

MSA v London Borough of Croydon [2009] EWHC 2474 (Admin) A technical point on judicial review cases here, but as it is something I’ve run up against in the past, I think it is interesting. Collins J considers whether a penal notice should be attached to an order of the Administrative Court made against a […]

Procedure in the Lands Tribunal

The Lands Tribunal has handed down a number of important decisions in the last week that those working in the field of leasehold enfranchisement need to be aware of. Earl Cadogan v Erkman LRA/56/2007 & LRA/68/2007 (links to a .pdf file) concerns attempts to get around the decision of the Court of Appeal in the […]