Archive for March 2010
Tenancy deposit arbitration or ADR – help at last! Are you a landlord? Have you had a dispute over a tenancy deposit go to arbitration? Did you lose when you felt you ought to have won? If so you are no longer alone. Tom Deritt of ADR Solutions, who contacted me recently, is on your [...]
Hewett v First Plus Financial Group Plc  EWCA Civ 312
We are a little late on this one, which the family law bloggers have already noted, but it is a bit irresistible.
Mrs Hewlett was appealing a possession order obtained by First Plus against her home. First Plus had a mortgage against the property agreed by [...]
Bury Metropolitan Borough Council v Gibbons  EWCA Civ 327
This was the Court of Appeal judgment on a second appeal from a s.204 Housing Act 1996 appeal in the County Court. At issue were the Circuit Judge’s findings that Bury had:
a) failed to give advice to Mr Gibbon on first application as homeless as required [...]
The decision in R (JS)(Sri Lanka) v Secretary of State ( UKSC 15) is the first of a series of cases before the higher courts to reach the Supreme Court on the issue of exclusion from refugee status under article 1F of the Refugee Convention. In…
The Government has finally published the necessary statutory instrument to change the maximum rent threshold for tenancies under the Housing Act 1988. The Assured Tenancies (Amendment)(England) Order 2010 has been laid before Parliament as at 25 March…
Appeal from the Land Court:- The appellant is the landlord of the holding of Colstoun Mains, Haddington, and the respondent is the tenant. The Land Court had heard parties on the question of whether certain proposed adjustments should be allowed and, if so, whether the Court would be deprived of jurisdiction to entertain the tenant’s application. The Land Court refused to allow amendment of the landlord’s pleadings. Here the appellants appealed on three grounds:- (1) whether the Land Court had power to disallow the proposed adjustments; (2) whether the landlord’s right to plead section 13(8)(b) to prevent the Land Court from proceeding with the rent review can be renounced or otherwise lost by the landlord; and (3) if the Land Court had power to disallow the adjustments and if the landlord’s right under section 13(8)(b) is one that can be lost, whether the Land Court exercised its discretion correctly. Here the court considered the issues raised in the appeal.
Cook v Thomas & Thomas  EWCA Civ 227
This case was well describd by the Court of Appeal as “a most unfortunate and regrettable dispute”.
The facts were as follows. C is the sole legal owner of a small ara of farmland with farmhouse in Wales by survivorship from her husband. It is currently [...]
Lester v Woodgate  EWCA Civ 199 is a wonderful example of a neighbour dispute getting out of hand (so out of hand, in fact, that indemnity costs were awarded against the Claimant, in the Truro County Court, in “an exemplary use of the power to mark the court’s disapproval of the use of litigation [...]
Mrs Shelley Bloom was a landlord. She desired to evict her tenant, Mr Andrew Henley. He, having lived in the property for over 20 years, did not want to go, even though he had complained about its condition to his landlord in the past. Possession proceedings were issued, which developed complications (no need to go [...]