Archive for March 2009
Tenants – the forgotten victims of repossession
I was delighted to read a report that a campaign is being launched to help tenants who get evicted through no fault of their own, because their buy-to-let landlords have not kept up their mortgage payments. You can read more about it on the Citizens Advice Bureau site here.
Long term LandlordLaw Blog readers [...]
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A dutiful cousin
The House of Lords have again considered the nature and extent of proprietary estoppel in Thorner v Majors [2009] UKHL 18. Regular readers will recall we discussed their decision in Yeoman’s Row Management Limited (Appellants) and another v Cobbe (Respondent) [2008] UKHL 55 in August last year.
Picture this: a large farm in Somerset owned by [...]
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Improvements, rent and former long leaseholders – a nasty loophole
The recent case of Hughes v Borodex Ltd [2009] EWHC 565 (Admin) illustrates a pitfall that may face the very small number of former long leaseholders who have become assured tenancies as a result of the Local Government and Housing Act 1989 (”the 1989 Act”).
Mrs Hughes had been the tenant under a lease that was [...]
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A Weaver v L&Q interlude.
While we wait for the Court of Appeal judgment in Weaver v London & Quadrant – the case was heard in the last week of February, I believe – we have a judgment along the way, specifically on Weaver’s application for a protected costs order (PCO). It is tempting to see this as something of [...]
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Judicial Review costs
Mendes & Anor v Southwark LBC (2009) CA (Civ Div) 24/03/09 [not on Bailii], is a useful case for those representing JR claimants. The report is on Lawtel.
Southwark had made an erroneous decision on Mr Mendes’ eligibility for housing assistance under Part VII. Mr Mendes applied for permission for judicial review. Before the matter went [...]
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Appealing reasonableness decisions
This is the first of two appeals on Ground 16 possession claims which came out today, both concerning whether it was reasonable to make a possession order. The second will be up later on.
Bracknell Forest Borough Council v Harry Green & Denise Green [2009] EWCA Civ 238 centred on the consideration of the availability of [...]
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Without Prejudice acknowledgment of title?
Ofulue v Bossert [2009] UKHL 16 was an adverse possession case – we commented on the Court of Appeal hearing here, and that post gives the background. There was an appeal to the House of Lords which was primarily concerned with the limitation period of adverse possession. This is a late and brief report because [...]
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Leasehold update
A couple of things to leave you with on a Friday afternoon.
Leaseholders who are dissatisfied with the management of their properties are entitled to apply to a Leasehold Valuation Tribunal (LVT) for the appointment of a manager – Part 3, Landlord and Tenant Act 1987. The LVT may appoint a manager in a number of [...]
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Legal informatics – a big world
Tom Bruce, co-founder and director of the Legal Information Institute at Cornell Law School posts an interesting piece on the…
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