Archive for July 2007
A divorced couple purchased a property with a view to reconciliation and joint occupation. They both contributed to the purchase price and it was put into the former husband’s sole name. The husband then left the property and the former wife continued to live there. The parties sought orders as to their beneficial shares and also the former husband sought an order for sale. It was held that there should be no order for sale without the former wife’s consent. It was held that assurances had been made that she could occupy the property for as long as she wanted to.
Sinclair Gardens Investments (Kensington) Ltd v Poets Chase Freehold Company Ltd  EWHC 1776 (Ch) (26 July 2007)
Lessees of a block of flats had served a notice exercising their right to collective enfranchisement. The notice served under section 13 of the Leasehold Rform, Housing and Urban Development Act 1993 was in fact invalid. The landlord contended that the lessees were prohibited from serving a further notice. The court held that this was not the case as the original notice was not valid and it could not be said a notice had been withdrawn. There was no statutory bar to the service of a valid notice.
The case concerned an office block and whether because the lease reserved the right to the landlord to build on adjoining land this prevented the tenant from acquiring an absolute and indefeasible right to light. As the landlord was to have a “full and free” right to build on the adjoining land this did not lead the tenant to have an absolute and indefeasible right to light.
Who’d be a smoker today? First it was just a few places, then transport with the trains and busses bringing in a ban, now its banned practically everywhere! Happily I gave up quite some time ago so its not a problem for me.
It is going to be a problem for landlords though, particularly [...]
So, Denton v London Borough of Southwark  EWCA Civ 623.
This won’t take long, as the case rests almost entirely on its own facts.
Applicant, a 21 year old male, applied as homeless after being thrown out by his mother. First decision, upheld on review, was that he was intentionally homeless because his bad behaviour had [...]
How did I miss this one in the Court of Appeal lists? I swear it didn’t appear in the Bailii list of recent judgments for 27 June 2007. Shala v Birmingham City Council  EWCA Civ 624
This is a very significant decision on Local Authorities’ use of medical advice in homeless decisions, particularly review decisions. [...]
A Court of Appeal homeless case, Gilby v City of Westminster  EWCA Civ 604 was handed down on 27 June, but I’ve been a bit slow to note it, partly because I’ve been busy and partly because, frankly, it is a bit of a meh of a case. Still, it is a Court of [...]