Archive for June 2011
Croatia, proportionality and history
Orlic v Croatia [2011] ECHR 974 (Application no. 48833/07) [Link to rtf file]
This is a European Court of Human Rights First Section decision on an article 8 case. Although not of immediate application, it is a useful restatement of the principle that where an occupier faces loss of their home by action by a public body, it must be possible for the proportionality of the eviction to be considered by an independent tribunal.
Mr Orlic had been allocated a flat by the Yugoslav Peoples Army in Croatia in 1991, about a month before Croatia declared independence but 4 months after the Republic of Croatia had passed a law banning… Read the full post
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Using new technology to do inventories
Inventories are absolutely crucial today, and we are told that landlords will have virtually no chance of success at tenancy deposit adjudications without one. However an inventory should not just be a list of furniture and other contents – it should give details of their condition, the condition of the property itself such as walls…
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Differentiating tenancies from business lets and long leases
Foundations of landlord and tenant law – part 8 This series of posts is directed towards increasing understanding of short lets, so in future posts we will largely be concentrating on these. However before moving on to this, I just want to look at two issues: the situation where a lease is for both business…
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Case Comment: Parkwood Leisure Ltd v Alemo-Herron & Ors [2011] UKSC 26
Businesses and undertakings are merged, transferred and taken over every day of the week. The Transfer of Undertakings (Protection of Employment) Regulations 1981 and their successors, the Transfer of Undertakings (Protection of Employment) Regulatio…
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Speak up
Southall Court (Residents) Ltd v Tiwari and another [2011] UKUT 218 (LC) will, I suspect, become a bit of a landlord favorite case over the next few years as it contains two passages that they’re likely to be rather pleased about.
Southall Court is a block of 48 flats in Middlesex. The landlord sought a determination under s.27A(3), LTA 1985, that £2,000 (odd) of service charges were payable on account of major works. The LVT found that just under £500 was payable. The main difference relates to roof repairs. The landlord said that the roof needed total replacement. The LVT disagreed, and took the view that the roof could last… Read the full post
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Landlord convicted of harassment by text
We have all learned from Ben Reeve Lewis’s writings on this blog, how hard it is to get a conviction for harassment against a landlord. Well hats off to Sheffield Council whose officers obtained a conviction against landlord Steven Loxley in May at Sheffield Magistrates Court. His tenant, Ms Muscroft, had lost her job and…
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Dealing, closure and possession
Hammersmith and Fulham LBC v Forbes Willesden County Court 14 April 2011While we are on County Court proceedings based on…
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Mudslinging, evidence and possession of different kinds
Barking & Dagenham LBC v Bakare, Imevbore & Imevbore. Romford County Court 14/03/2011 HHJ Platt [unreported elsewhere]
A county court case, but one with some interesting issues. Also a cautionary tale on being able to actually provide evidence of allegations and raising matters in the right proceedings.
Barking had applied within existing possession proceedings for a final order for possession of a property under Grounds 1 and 2 of Schedule 2 of the Housing Act 1985 against Ms Bakare. Barking also claimed against the second and third defendants (who are the adult sons of the first defendant) for anti social behaviour orders under section 1 of the Crime and Disorder… Read the full post
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Exquisite irony
Zinda v Bank of Scotland [2011] EWCA Civ 706
In short, as you all know, the combined effect of ss.36 and 8, Administration of Justice Acts 1970 and 1973 is to allow a court hearing a claim for possession based on mortgage arrears, to, amongst other things, make suspended possession orders. The usual form of order is usually expressed as “CMI plus £x per month”, so as to ensure that the current monthly installments are paid, together with a sum to pay off the arrears over time.
The actual form of order is an N31. That provides that the order is suspended so long as the occupier pays £X off… Read the full post
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Case Comment: Re E [2011] UKSC 27
The Supreme Court’s decision in Re E can be seen in some ways as guiding interpretation of Article 13(b) of the Hague Convention ‘back on track’, following the decision of the ECHR last year in Neulinger and Shuruk v Switzerland [2011] 1 FLR 122….
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