EPA 1990 prosecutions and the Magistrates Court. I am assured that stout housing lawyers quail at the prospect. And why? Well this High Court appeal by way of case stated, although not strictly housing related, serves as a illustration.
Wandsworth v Rashid [2009] EWHC 1844 (Admin) concerned bags of waste left on the street by a [...]
I have done a lot of writing about the tenancy deposit protection scheme (TDPS) regulations and the problems they have thrown up. You can read them all of course by following the link to the tenancy agreements tag. But which ones are most worth reading? Here are ten suggestions:
1. Tenancy Deposit Protection – [...]
Apparently Dan Brown (he of “The Da Vinci Code” nonsense) is bringing out a new book shortly. I can’t imagine why anyone would want to read it. Especially given that there are (just this week!) three relevant statutory instruments to consider. Ideal poolside reading if I ever saw it.
The first two are the Housing (Shared [...]
I have been having a bit of trouble recently with one of my section 21 repossession claims (using the accelerated procedure), which should have been an open and shut case. However, irritatingly, things have been held up due to the tenant putting in a defence claiming that he never received the notice. This [...]
Central Bedfordshire Council v Taylor & Ors
We’ve just heard that permission to appeal to the Supreme Court in Central Beds v Taylor has been refused. Our note of the Court of Appeal case is here. This was surely a chance for the Supreme Court to revisit Kay and Doherty in the light of the [...]
Da Costa v Pinter Bromley County Court April 2008
With thanks to the November Legal Action housing updates. This was a tenancy deposit and 3 x deposit penalty claim. The rent was £1,950 a month. The tenancy agreement also stated ‘Payment required in advance of £4,200′. The invoice from the landlords agents said that of this, [...]
An Arden Chambers Eflash has just announced that the Supreme Court have refused permission to appeal in R (Weaver) v L&Q.
We’ll try and get a link to the order ASAP.
In the meantime, our post on Weaver in the Court of Appeal is here.
Following on from our note on the refusal of permission by the Supreme Court for Weaver v L&Q, we have now seen a copy of the Order. Lords Hope and Brown and Lady Hale refused permission to appeal on the ground that
“the application did not raise an arguable point of law of general public importance [...]
The Issue
One of the slight frustrations of being an aspiring academic is that you tend to think in bite-size terms as and when the tutorial cycle demands. We’ve just “done” the now familiar peaks and troughs of the “new model” constructive trust and proprietary estoppel. When re-reading Thorner v Major (links to our post) and [...]
We are not actually in Devon, just for clarity, but in Concord, Washington, Tyne & Wear. I happen to know Concord, which is both ill-named and if one is honest, probably at the negative end of the architecturally charming list. But I won’t hear a word against the people of Concord, who are frequently wonderful, [...]