Archive for November 2009

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Weaver – the reason for refusal

9 Nov 2009 By Nearly Legal Housing Law

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 [...]

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Tenancy deposit – late compliance again

7 Nov 2009 By Nearly Legal Housing Law

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, [...]

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Landlord flouting the spirit of the tenancy deposit legislation says Judge

7 Nov 2009 By Tessa Shepperson Housing Law

There is new tenancy deposit case report in the November issue the Legal Action Magazine, Da Costa v. Pinter, which took place at Bromely County Court in April 2009.
Here the tenancy agreement provided for a monthly rent of £1,950 but also stated ‘Payment required in advance of £4,200′. The agents invoice described £2,250 of this [...]

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Section 2, LP(MP)A and proprietary estoppel: Where are we now?

5 Nov 2009 By Dave@nearlylegal Housing Law

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 [...]

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It is an ex-parrot

4 Nov 2009 By Nearly Legal Housing Law

Scrowther v Watermill Properties [2009] EW Misc 6 (EWCC) Newcastle upon Tyne County Court
Continuing the Norwegian theme we appear to have adopted for such cases, here we have a example of an ex-sale and rent back agreement, void and gone to join the choir eternal. It is an interesting County Court case on collateral agreements [...]

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These we have missed…

3 Nov 2009 By Nearly Legal Housing Law

And thanks to the Garden Court bulletin for pointing them out. A couple of cases not yet available on Bailii.
R(Gardiner) v Haringey LBC [2009] EWHC 2699 (Admin), [2009] All ER (D) 301 (Oct).
Or ‘everything old is new again’
From the full judgment: Ms G. had applied as homeless to Haringey, who found she was not homeless [...]

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