Archive for August 2010

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Some More Tenancy Deposit Cases

6 Aug 2010 By PainSmith Housing Law

Looking through the latest edition of Legal Action there are two cases on tenancy deposits. These are County Court cases and so not binding but they are of interest.
In O’Brien v Jones, Northampton County Court, 12 February 2010 it was claimed b…

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Additional HMO Licensing

5 Aug 2010 By PainSmith Housing Law

As has already been reported elsewhere Oxford City Council has become the first local authority in England to take advantage of the previous government’s blanket consent for additional HMO licensing schemes. They have passed a scheme through exe…

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Novice guide to court hearings

4 Aug 2010 By Tessa Shepperson Housing Law

This guide is a consolidated version of a series of posts published on the Landlord-Law blog.
Part 1 : Introduction
This introduces…

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Oh dear, oh dear …

4 Aug 2010 By Dave@nearlylegal Housing Law

Ashby v Kilduff [2010] EWHC 2034 (Ch) (available on Lawtel and through the Chief [those special powers again]) [edit: now on BAILII too) is about the proprietary consequences of the unhappy demise of the relationship between David Ashby, the former Tory MP, and Roderick Kilduff.  I'm never disposed to feeling empathy with Tory MPs (ex [...]

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Tenancy Deposit Protection Heads North of the Border

4 Aug 2010 By PainSmith Housing Law

The Scottish Executive has published a consultation, including draft regulations, for the operation of tenancy deposit protection schemes in Scotland.
Unlike in England & Wales the protection scheme in Scotland is intended to apply to all residenti…

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Con-Dem housing reform plans

4 Aug 2010 By Dave@nearlylegal Housing Law

Cameron and Shapps have trailed a consultation paper to be published as early as tomorrow with a “plan to end lifetime council tenancies” (Inside Housing and The Guardian) and a “home swap scheme to help tenants move” (Today Programme and Inside Housing) (hat-tip to Katie Brown (HLPA junior group), J, and Francis Davey – e-mail’s [...]

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Just another brick in the (Sheffield CC v) Wall

3 Aug 2010 By J@nearlylegal Housing Law

Sheffield CC v Wall (by her personal representatives), Wall, Ingham, Butler [2010] EWCA Civ 922, is, on any view, an unusual case. The Court of Appeal didn’t, however, help matters. Imagine, if you will, that, in 1967, Mr Steven Wall was placed with Mrs June Wall, who acted as his foster parent, by Sheffield CC. [...]

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Understanding ‘Subject to Contract’

3 Aug 2010 By PainSmith Housing Law

We are often asked whether or not an agreement for a tenancy has come into effect when only one of the parties has signed it or some other variation on this theme has occurred. It is commonly thought that if only one party has signed then the party th…

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