Archive for August 2011
I’m afraid that this is beyond parody, but couldn’t go unremarked. Anyway, it is a quiet time for judgments.
Today the National Housing Federation took the view that housing provision in the UK, or England at least, is basically demented, with millions to be locked out of property ownership, but the resulting demand for private rental properties (given the lack of social housing) is putting private rent levels up to unaffordable levels.
The Housing Minister, Grant Shapps, took to the broadcast media to announce how his policies would improve things – according to his twitter feed (@grantshapps), there were some 6 or 7 recorded or live appearances.
And… Read the full post
Case Comment: Belmont Park Investments v BNY Corporate Trustee and Lehman Brothers Special Financing  UKSC 38
On 27 July, amidst the traditional flurry of judgments handed down at the end of the Trinity term, a 7 strong Supreme Court (Lords Phillips, Hope, Walker, Hale, Mance, Collins and Clarke) gave its ruling in the Belmont Park case, concerning the applic…
Over the past two decades the rules dealing with service charges have changed completely and there now exists a fairly comprehensive set of rules which as can be seen in cases reported from the Leasehold Valuation Tribunal (LVT) can catch out the unwar…
Or, more accurately ‘locality’. Sorry if that got anyone excited over nothing.
As has been widely announced, the DCLG consultation on introducing a mandatory ground for possession on grounds of conviction for a housing related ASB offence etc, previously discussed here, has been amended to include a question on amending Ground 2 of Schedule 2 to the Housing Act 1985 and Ground 14 of Schedule 2 to the Housing Act 1988 to remove the locality condition for certain offences. The amended consultation paper is here. The closing date is 7 November 2011
This is an exercise in two parts. In this, the first, I’ll outline and discuss the… Read the full post
West Kent Housing Association v Haycraft  EWCA Civ 992 (Not on Bailii. We’ve seen a transcript)
This was a renewed application for permission to appeal to the Court of Appeal on a second (or perhaps first- see below) appeal from the granting of a possession order. The ground of appeal was that the appellant tenant had a defence of proportionality which had not been considered by the District Judge and not considered adequately by the Circuit Judge in dismissing the first appeal.
Mr H had a starter tenancy (or AST) from West Kent Housing Association, an RSL/PRPSH. In January 2010, the RSL had a meeting, described as a re-hearing… Read the full post
Tingdene Holiday Parks Ltd v Cox and others  UKUT 310 (LC)
By s.21B, Landlord and Tenant Act 1985, a demand for the payment of service charges must be “accompanied” by a summary of rights and obligations of tenants in relation to the same. The form of that summary is prescribed by the Service Charges (Summary of Rights and Obligations, and Transitional Provisions) (England) Regulations 2007 (as amended; similar provisions exist in Wales). In the present case, demands were sent in 2008 and 2009 but the prescribed information was not sent until shortly afterwards. The LVT found that this was not compliance with s.21B, 1985 Act, as the prescribed information… Read the full post