Archive for September 2010
Oxford HMO Licensing- Update
We have received a letter from Oxford City Council.
It appears that they are considering the licensing scheme further. New recommendations will be put to the Executive Board and from them to the full Council in meetings on 18 October. It may be that …
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Defending Possession Proceedings (seventh edition) by Jan Luba QC, John Gallagher, Derek McConnell and Nic Madge
As can be seen from the fact that it is now in its seventh edition, Defending Possession Proceedings is a popular book! It is also much heavier than it was when first published, now running to over 800 pages. A reflection on the ever increasing complexity of this area of law. The authors refer in…
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Set-aside or Appeal?
Islington LBC v Cecil and Grace Markland, Clerkenwell and Shoreditch County Court, 17/07/2010 The issue of whether a first hearing in a possession claim could be properly considered to be a trial came up in Forcelux Ltd v Binnie [2009] EWCA Civ 854 – our report here. The Court of Appeal held that, with possible [...]
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Oxford Challenged Over HMO Licensing
PainSmith Solicitors along with Jonathan Manning and Justin Bates of Arden Chambers have been instructed by a group of Oxford landlords, lettings agents, and other interested parties to pursue an action for judicial review of Oxford City Council’…
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Kay v UK – A royale quarterpounder?
Introduction Sorry for the delay in getting this post up, the delay is partly due to work but, more importantly, we’ve been arguing between ourselves as to how best to deal with it. Frankly, we can’t agree on what the case actually means and what the possible effects are. So we’ve done this as a [...]
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Dibble v Pfluger, [2010] EWCA Civ 1005, 3/9/2010
The Appellant was successful in appealing against the decision that he had no interest in a Polish property and that…
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Somerfield Stores Ltd v Spring Ltd, Times, 15/09/10
The Appellant business tenant unsuccessfully appealed against the dismissal of its application for summary judgment to dismiss the opposition of…
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Landlords and tenants check out their opposition online
I have come across two sites recently which aim to help both landlord and tenants avoid a bad experience. Both are free services and both deal with their members personal experience The landlords site This is Landlord Referencing Services which you will find at www.landlordreferencing.co.uk. It is a membership site, and claims to have over…
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Bed Bugs and Landlord’s Liability
A recent story on the BBC News website highlights that bed bugs are back and spreading in the USA and Western Europe. We are often asked about pests and who is responsible for their eradication.
During the tenancy if pests arise it will normally be up…
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The bottled water of principle
There is an interesting interview with Baroness Hale of the Supreme Court on the UKSC blog, (also reposted on the Guardian Law site, which has been really rather good since launch). It is well worth a read, not only for Lady Hale fighting for the separation of the Supreme Court from Government by insisting on [...]
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