Archive for July 2009
Foxtons’ terms unfair
In a long awaited decision the High Court has held in Office of Fair Trading v Foxtons [2009] EWHC 1691 (Ch) that some of the terms and conditions contained in Foxtons’ contract with landlords were unfair. While strictly speaking this decision is unrelated to housing law, concerning as it does the fairness of consumer contracts, [...]
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Support and suitability
Abdullah v City of Westminster [2007] EWCA Civ 1566 is not a new case. In fact it is two years old, but the transcript of the Court of Appeal judgement has only just come out (and it isn’t on Bailii). So we’ll do a brief note.
The case was a second appeal from a s.204 appeal [...]
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OFT victory in Foxtons unfair contract terms case
Landlords up and down the land will be jumping with glee at the Office of Fair Trading (OFT)’s victory over Foxtons regarding their unfair contract terms. To read the background to this, see my previous posts here and here. The OFT was challenging the clauses under the Unfair Terms in Consumer Contracts [...]
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Shelter victory in sale and rent back case
Housing charity Shelter are jubilant after succeeding in saving the home of Paul Amanda Jackson of Shrewsbury, where they had lived for over 20 years.
According to the BBC report, Mr and Mrs Jackson entered a sale and rent back deal with a company, Repossessions Stopped, in 2005 after getting into mortgage arrears. However two [...]
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Costs on conceded appeals
We had noted City of Westminster v Man [2009] EWCA Civ 236 when it was a permission to appeal hearing. Just a bit late, we have found the outcome. The issue was whether an interim costs order, on an application I think, was payable where proceedings as a whole had been stayed under [...]
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Like a blind man searching for a black hat in a dark room
Heffernan v LB Hackney [2009] EWCA Civ 655 is a timely reminder of the importance of having evidence to substantiate a claim for damages.
Mr Heffernan was the freehold owner of 16 Penhurst Road, London, E9 (”the property”). The property was converted into two flats, the upper flat being let on a tenancy protected under the [...]
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Tenant Txt
I have recently been told about Tenant Txt, a web-site which landlords (particularly those with a large number of properties, and social landlords) can use to contact their tenants.
The landlord signs up to the web-site, and also signs up his tenants. They say whether they want to be notified via text, email or [...]
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How to choose the right tenancy agreement- some guidance for landlords
Many landlords don’t bother too much about their tenancy agreement. They consider it to be a disagreeable necessity, something filled with legal ‘mumbo jumbo’, and just try to get the shortest and/or cheapest one they can find.
This is a mistake. A tenancy agreement sets out the rights and obligations between you and your [...]
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