Archive for April 2012
Tibbles the Destroyer
The Stephens Island Wren is no more. It has gone. Extinct. Wiped out. Destroyed. And, at least according to folklore, by…
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Daejan v. Benson: where are we at?
We have made various posts about service charges etc on long leaseholds but still have questions asked about the infamous case of Daejan v. Benson.
To recap this started life as an LVT claim as to whether service charges were recoverable or if they wer…
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Break Clause requirements go both ways.
As I am sure many of you who subscribe to the helpline will be aware, the advice for a Landlord or an agent invoking a break clause to bring about an end to the tenancy agreement is to follow the provisions of the break clause exactly. If this means se…
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Proportionality, Section 21 and starter tenancies
Another RSL ‘starter tenancy’ and s.21 case, albeit one that marginally pre-dated West Kent HA v Haycraft, is The Riverside…
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Charges for underletting: what is reasonable?
In February the President of the Upper Tribunal (Lands Chamber) gave Judgement in respect of various charges for underlettings in a number of joined cases, the lead case being Holding and Management (Solitaire) Limited v. Norton [2012] UKUT 1 (LC).
Suf…
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Unsigned terms of business
In Fladgate LLP v Harrison a solicitor sent out an engagement letter to a company director. The director was sent invoices as and when work was undertaken by the solicitor however the director then denied liability for the invoices on the basis that th…
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Stick or Twist
R (MD)(Afghanistan) v Secretary of State [2012] EWCA Civ 194 is an immigration case but merits wider attention because of…
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Stick or Twist
R (MD)(Afghanistan) v Secretary of State [2012] EWCA Civ 194 is an immigration case but merits wider attention because of…
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It’s (not) a gas
A Landlord has been prosecuted, found guilty, fined £2,000.00 and ordered to complete 150 hours’ community service for breaching the gas safety regulations including using unregistered gas engineers for gas safety checks. The HSE report can be read …
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A taxing question
Macattram v Camden London Borough Council (2012) QBD (Admin) On Lawtel but no on BAILIIThis is an interesting little problem…
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