Archive for April 2009
Redolent of Improbability
I don’t think there is any significant point of law or practice in Lemas and Sealy v Williams [2009] EWCA Civ 360, but it is a strange case (although one suspects many readers will have been involved in similarly chaotic cases at one stage or another) and worthy of a short note.
Mr & Mrs Lemas [...]
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Constructive trust and misrepresentation
Qayyum v Hameed & Anor [2009] EWCA Civ 352 is a case with a complicated background – it originated in the collapse of BCCI, for heaven’s sake – but thankfully, the issues in this appeal were relatively straightforward, if novel.
In 1991 Mr & Mrs Qayyum jointly purchased a house. In July 1991, Mr Q declared [...]
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More tenancy deposit muddle
One of my clients has drawn my attention to an interesting forum discussion on tenancy deposit claims here.
It seems from this that many Judges (although not all) are taking the view that the fine of three times the deposit amount should not be awarded if the landlord refunds the deposit before the court hearing. [...]
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Qayyum v Hameed & Anor [2009] EWCA Civ 352 (27 April 2009)
The trial judge had been correct to conclude that a common intention constructive trust had been created with a husband a wife owning a property in equal shares. This was notwithstanding the fact that as a result of the husband’s innocent misrepresentation the couple entered into an agreement surrendering the wife’s sole beneficial interest.
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Tenancy Deposit on ‘Renewal of Tenancy’
Our grateful thanks to the Painsmith blog again for news of another Tenancy Deposit case (and for giving me something to write about in these case bereft times).
This is a County Court case on the issue of ‘renewal’ of a tenancy that started before April 2007 and the introduction of the tenancy deposit rules. Where [...]
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Tenancy Deposit Protection – deposits paid before 7 April 2007
I am obliged once again to the Pain Smith blog for drawing my attention to a new County Court case on the Tenancy Deposit Protection Scheme regulations.
One of the many imponderables of the regulations is whether or not they apply to deposits taken before 7 April 2007, where a new tenancy agreement had been [...]
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Bits from LAG and nuisance & Art 8
There are several cases in the latest LAG updates that we haven’t covered and that are interesting. Thanks as ever to Jan Luba QC and HHJ Nic Madge for the LAG reports. There are two brief notes on County Court cases and a more sizeable one on Dobson v Thames Water, a Court of Appeal [...]
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OFT preliminary success in Foxtons unfair terms case
As many of you may know, the Office of Fair Trading (OFT) is involved in litigation with Foxtons Ltd (the letting agents) regarding Foxtons’ refusal to agree that certain terms in their agency contracts with landlords are unfair under the Unfair Terms in Consumer Contracts Regulations 1999 (UTCCR).
One side issue in the litigation was [...]
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Duty to provide rent-free accommodation?
R (Best) v Oxford City Council [2009] EWHC 608 (Admin), [2009] All ER (D) 252, noted on this week’s Garden Court Housing Law Bulletin, but not yet on BAILII.
This is a judicial review that essentially turned on whether a local housing authority has a duty to provide a homeless applicant with rent-free accommodation where that [...]
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Disclaimer, assignment and guarantee
In Shaw v Doleman[2009] EWCA Civ 279 the Court of Appeal confirmed the view taken by some writers as to the effect of the disclaimer of an assigned lease on the obligations of a guarantor. At the same time it highlights that wording common in Authorised Guarantee Agreements (AGA’s) may not mean quite what the [...]
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