Archive for January 2012

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HB and necessaries

31 Jan 2012 By Dave@nearlylegal Housing Law

Wychavon DC v EM  is a double decision, so to speak, by Judge Mark on a housing benefit matter, with broader implications regarding incapacity.  In essence, EM is profoundly disabled (mentally and physically).  Her parents moved her from a care home, with the support of Worcestershire CC (which also encouraged the understanding that entitlement to HB would follow), to an annex they constructed at their home.  EM had previously lived in the garage at their home, but this was unsuitable as EM required round the clock care from three carers, who needed their own accommodation.  EM’s parents could not afford this new arrangement without housing benefit.  EM’s dad entered into … Read the full post

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“I could be a lawyer with stratagems and ruses”*

29 Jan 2012 By Nearly Legal Housing Law

Wasted costs orders are scary things. There is the censure by the Court, of course, but worst of all, the…

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Section 20B again…

27 Jan 2012 By S@nearlylegal Housing Law

Om Property Management Ltd. v Burr [2012] UKUT 2 (LC) [not yet on bailii - we've got a transcript] was…

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Gas Safety

27 Jan 2012 By PainSmith Housing Law

A landlord has been fined £2000 for failing to obtain a Gas Safety Certificate.
In January 2011 the gas boiler…

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Vexatious litigants in the LVT

27 Jan 2012 By S@nearlylegal Housing Law

In Attorney General v Singer & Singer, Divisional Court, January 24, 2012 [taken from a lawtel note – not on…

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I sublet an apartment on the 99th floor of my block

26 Jan 2012 By J@nearlylegal Housing Law

No prizes for guessing what I was listening to when I decided to write this. I bring you two important…

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Equity Release Schemes: the CA view

26 Jan 2012 By Dave@nearlylegal Housing Law

Cook v The Mortgage Business PLC et al [2012] EWCA Civ 17

[note for law students: this is a really important case on land registration in which the principles in Abbey National BS v Cann are considered and applied.  Please note that we do not write essays for you or respond to queries which assist you in writing your essays - we get quite snippy about such enquiries so beware.  As an academic and property law teacher myself, I get quite irate with those enquiries.  However, if you want to engage with us and our writing, we would be really happy and will respond in kind.]

Every generation seems to … Read the full post

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What duty does a Landlord have if the tenant leaves their belongings in the property once they have vacated?

23 Jan 2012 By PainSmith Housing Law

The above question is one which we get frequently asked by agents on the PainSmith helpline. It is often the case that tenants will vacate a property and leave their personal possessions behind which can pose a real problem for landlords.
The Torts (In…

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No comparing

23 Jan 2012 By Nearly Legal Housing Law

When considering ‘general housing circumstances in the area’ under Housing Act 1996 s.177(2) on a s.202 review, can the review…

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The best thing in life is free

22 Jan 2012 By J@nearlylegal Housing Law

But, like John Lee Hooker, I need money. It’s one of the reasons (a) I keep a close eye on…

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