Archive for October 2008
ASBOs for all!
Birmingham City Council v (1) Shafi (2) Ellis [2008] EWCA Civ 1186
This is a complicated case, focusing much more on local government law than on housing law per se, but there are some significant implications for housing lawyers. We’ve already had one request to blog this case and I hope you’ll see why.
Section 222(1)(a) of [...]
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Varying an ASBO – an (un)appealing option
We here at NL still haven’t decided how much ASB law to cover on the blog. On the one hand, only possession proceedings and s.153A-E Housing Act 1996 injunctions could be said to be ‘true’ housing law. But, on the other, ASB remedies are, to a very significant extent, conferred on public sector landlords, with [...]
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On ramps and suitability
Boreh v London Borough of Ealing [2008] EWCA Civ 1176 was an appeal from a s.204 appeal of a s.202 review that upheld a finding that a property offered in discharge of s.192(3) duty was suitable.
Mrs Boreh was owed the full housing duty by Ealing. Ealing offered a property in discharge of that duty, which [...]
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Another tenancy deposit decision
This is a report of a case kindly provided to me by Simon Parrott of Palmers Solicitors (Bedford).
I am writing following a recent hearing at Bedford County Court on 28th October, to let you know the result of my case. I act for the landlords.
The circumstances of the case were that the tenancy deposit had [...]
Related posts:
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Scottish & Newcastle Plc v Raguz [2008] UKHL 65 (29 October 2008)
An increase under a rent review for the purposes of the Landlord and Tenant (Covenants) Act 1995 was to be treated as having become due when the increase was agreed or determined, not when the rent review period commenced.
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Trying to avoid Council Tax liability by not being a tenant
In what might be described as an audacious, or perhaps foolhardy, appeal from the Valuation Tribunal, Mr Jackson sought to challenge his liability to pay Council Tax in Jackson v Cambridge City Council [2008] EWHC 2529 (Admin). Normally, this wouldn’t concern us here, but Mr Jackson’s grounds of appeal bring the case inside the wobbly [...]
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The Royal Bank of Scotland PLC v Victoria Street (No.3), Ltd, ChD, 28/10/2008
A landlord was entitled to refuse consent to assignment of a lease having considered a number of factors affecting the ability of the assignee to meet the covenants. The landlord’s refusal of consent was one a reasonable landlord could have arrived at, and as such no further justification for its decision was required.
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Risegold Ltd v Escala Ltd [2008] EWCA Civ 1180 (28 October 2008)
The redevelopment of a property constituted “rebuilding or renewal” within the meaning of a right of entry that accordingly permitted the property owner to enter the adjoining property for the purpose of carrying out the works.
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Taking your time
Yorkshire Bank Finance Ltd v Mulhall & anor [2008] EWCA Civ 1156
How long does a creditor who has the benefit of a charging order have to enforce that charge? In particular, if a creditor allows more than 12 years to pass after securing the charging order, can the debtor apply to have it set aside?
Mr [...]
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Agreements and constructive trust
Parris v Williams [2008] EWCA Civ 1147 was an appeal against an order that Mr Williams had 100% beneficial interest in one of two flats to which legal title was held by Mr Parris. It is of interest because it contains a challenge to the ways in which a constructive trust can be found to [...]
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