Archive for July 2010
Urban Myth – you don’t need to get a possession order if you use an abandonment notice
When I started acting for landlords I had never heard of abandonment notices. I suspect that most lawyers reading this won’t have heard of them either. So far as I am aware, they are not mentioned in any of the law books.
However they are a well known tactic among landlords and letting agents. [...]
Comments Off
You know it when you see it
What is a house? Rather like the well-known elephant test, this point consistently comes before the higher courts – and many other great thinkers – and, in Day v Hosebay Ltd; Howard De Walden Estates Ltd v Lexgorge Ltd [2010] EWCA Civ 748, the Court of Appeal had another go. The Leasehold Reform Act 1967 [...]
Comments Off
R v Lashari [2010] EWCA Crim 1504
Case name: R v Lashari [2010] EWCA Crim 1504
Date: 1 July 2010
Facts: On 26 June 2009 at the Crown…
Comments Off
You can never find an Austrian when you need one
National Westminster Bank Plc v Rushmer [2010] EWHC 554 (Ch) is a rather complex case involving enforcement of charging orders. I’m not going to deal with the full background, which is set out in the judgment and in this earlier case, I just wanted to raise, and politely criticise, something said by Arnold J in [...]
Comments Off
Sale and Rent Back- Final Rules
The FSA has released its final rules for firms engaged in Sale and Rent Back (SRB) activity. From 30 June 2010 no firm may engage in sale and rent back activity, including the administration of ongoing schemes, unless they have been granted a permissi…
Comments Off
Ground 14A and Domestic Violence
The Court of Appeal has considered in detail the interpretation of ground 14A
Comments Off
Lets All Move to….Wales*
A small victory for the Welsh Assembly this week. They had been trying to get a Legislative Competence Order past Westminster to transfer a series of powers relating to social housing. This was lost in the sweeping up week prior to the dissolution of Parliament as the Conservative party was most unhappy with the transfer [...]
Comments Off
Uncertainty About Tenancy Agreements Approaching 1 October
We have been asked a lot of questions recently about how to draw up a tenancy agreement in the run up to 1 October.
The short answer is that it does not really matter. Tenancies that will become ASTs on 1 October will become ASTs on that date irrespec…
Comments Off
R v Budimir and another; Interfact Ltd v Liverpool City Council [2010] EWCA Crim 1486
Case name: R v Budimir and another; Interfact Ltd v Liverpool City Council [2010] EWCA Crim 1486
Date: 29 June 2010
Facts:…
Comments Off