Articles tagged Assured shorthold tenancy
Permission 1 – refused: date of notice
Elias v Spencer [2010] EWCA Civ 246 [Not on Bailii yet]
This was a permission to appeal to the Court of Appeal hearing.
The issue was the date given in a s.21 Housing Act 1988 notice on an assured shorthold tenancy. The notice stated that possession was required:
After: 22ND NOVEMBER 2008 or,
if this notice would otherwise be [...]
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I’ll get you, my pretty, and your little dog, too! Two*
Thomas-Ashley v Drum Housing Association Ltd [2010] EWCA Civ 265
This is probably the biggest single week for dog-related possession claims ever. At this rate, the RSPCA will have to open a housing practice.
The brief facts are at para 1 of the Court of Appeal judgment:
Alfie is a Jack Russell/Border Collie cross. He lives with the [...]
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Tenancy Deposits on Sale and Rent Back on Appeal
The Court of Appeal has ruled on a Sale and Rent Back matter and on its connection to Tenancy Deposit Protection.
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Two weeks, three months, whatever. TDS in the High Court.
Draycott & Draycott -v- Hannells Letting Limited [2010] EWHC 217 (QB)
This is the first High Court judgment on the tenancy deposit scheme element of the Housing Act 2004 and thus the first that is binding on all lower (County) Courts. This is therefore a significant decision.
This was an appeal by Hannells from a Circuit Judge [...]
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When does a tenancy begin?
Lynch v Kirby, QBD, 28.1.10 before Nicola Davies QC sitting as a Deputy Judge is – according to Casetrack – in the process of being written up. I became aware of it as a (very) short note on the Garden Court bulletin last Monday. I doubt that it’ll set the legal world on fire as [...]
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Tenancy Deposit – renewal of tenancy again
Bihari v House Trader (UK ) Limited. 14 January 2010, Central London County Court
While we wait for the forthcoming High Court and Court of Appeal decisions in tenancy deposit cases, here is a tenancy deposit appeal, but, alas, only to a Circuit Judge, so not binding.
Mr B rented a two bed property from September 2006 [...]
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Tenancy Deposit – renewal of tenancy again
Bihari v House Trader (UK ) Limited. 14 January 2010, Central London County Court
While we wait for the forthcoming High Court and Court of Appeal decisions in tenancy deposit cases, here is a tenancy deposit appeal, but, alas, only to a Circuit Judge, so not binding.
Mr B rented a two bed property from September 2006 [...]
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Tenancy Deposit Protection on Sale and Leaseback
A recent case promises to be the first to the Court of Appeal on the issue of tenancy deposit protection.
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Catching up with LAG
The January 2010 Housing updates in Legal Action have some County Court case reports that hadn’t reached us. You will naturally have already read them in Legal Action, but for our archives…
Tenancy Deposits
O’Brien v Hill Barnet County Court 22/09/2009
Mr O’Brien granted Mr Hill a 12 month AST on 9 June 2008. He served a [...]
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Disrepair miscellany
The December Legal Action also has the annual housing repairs update. A big tip of the hat to Beatrice Prevatt.
We’ve covered most of the cases here, but there are some others that are well worth a mention…
Brunskill v Mulcahy [2009] EWCA Civ 686 (no link)
This was a claim under S.11 Landlord and Tenant Act 1985 [...]
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