Morgan and another v Fletcher and others LRX/81/2008 is an important decision of the Upper Tribunal (Lands Chamber) (aka the Lands Tribunal) on the scope of s.35, Landlord and Tenant Act 1987.
As you’ll remember, Part 4, Landlord and Tenant Act 1987 confers power on an LVT to vary a residential lease in circumstances where the [...]
Gauci v Malta [2009] ECHR 1280 [Link is to rtf]
Hat-tip to the Garden Court Bulletin for this one.
Mr G owned a property in Malta. It had been let under a 25 year tenancy agreement in 1975. On the expiry of that agreement, the tenants, who owed other property themselves, were able to exercise a right [...]
The Ministry of Justice has published its ‘Implementation Plan’ in response to the recommendations of the ‘Legal Advice at Local Level’ steering group. The plan is here [pdf]. The issue is principally the effects on NFP advice providers of the impact of fixed fee Legal help scheme and the introduction of CLACs and CLANs.
Notable [...]
Serious Organised Crime Agency v Pelekanos [2009] EWHC 2307 (QB)
Just a quick note to observe that this case – well off our usual patch – makes clear that a significant misrepresentation on a mortgage application that would be likely to induce the lender to enter into the contact (and this can be inferred by the [...]
As we all know, William Gladstone walked the streets of London, even while Prime Minister (1868–74, 1880–85, 1886 and 1892–94), seeking out fallen women to rescue, whether they wanted to be rescued or not.
What Gladstone did when he accosted a prostitute was to offer her a place to sleep, protection from any bully or “mackerel” [...]
Back in our post on the 50th update to the CPR, we noted that there was a new requirement from 1 October 2009 for the Claimant in mortgage possession proceedings to notify occupiers of proceedings within 5 days of receiving notification of the date of hearing and, interestingly, to notify the local authority’s housing department [...]
The case of Mexfield Housing Co-Operative v Berrisford [2009] EWHC 2392 (Ch) illustrates the potentially precarious situation in which the tenant of a fully-mutual Housing Co-operative may find themselves.
The facts are simple. Miss Berrisford had been a tenant of Mexfield since 1993, she had difficulty with her rent so that she fell into arrears [...]
R (A) v Leicester City Council and the London Borough of Hillingdon [2009] EWHC 2351 (Admin) (only on Lawtel) is an attempt to answer the “interesting question” posed by the Court of Appeal in R (Liverpool CC) v LB Hillingdon and AK (interested party) [2009] EWCA Civ 1702 (noted by us here), namely, whether more [...]
London Borough of Lewisham -v- Litchmore. 2 October 2009, Bromley County Court
Since the beginning of replacement tenancies on May 2009, there have, rather surprisingly, not been any reports on cases involving the Housing and Regeneration Act 2008 Schedule 11 s.21 – when the new tenancy and the original tenancy are to be treated as the [...]
Doncaster v Coventry City Council, First Tier Tribunal 032/09/00932, 5 October 2009.
A copy of the decision is currently available here and a gloss here.
This was an appeal of a review decision addressing at what point a tenant is in 8 weeks arrears for the purposes of the landlord applying to the Benefit Authority for [...]