“Joanna Grandfield, Associate (barrister), Anna Heenan, solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the key financial remedies cases arising in the first quarter of 2012.”
Family Law Week, 30th March 2012
Source: www.familylawweek.com
Souglides v Tweedie and another [2012] EWHC 561 (Ch); [2012] WLR (D) 74
“An interest carved out of a superior leasehold or freehold interest could constitute ‘an interest reversionary (whether directly or indirectly)’ on the term of a lease for the purpose of section 9(1) of the Perpetuities and Accumulations Act 1964. Accordingly, an option for a lease extension fell within section 9(1) and so was exempt from the rule against perpetuities.”
WLR Daily, 12th March 2012
Source: www.iclr.co.uk
“A landlord had a right of appeal under paragraph 6(3) of Schedule 7 to the Child Support, Pensions and Social Security Act 2000 as a ‘person affected’ by a housing benefit decision in respect of its tenant only in the distinct cases provided for in subordinate legislation.”
WLR Daily, 9th February 2012
Source: www.iclr.co.uk
“Landlords could become liable for their tenants’ unpaid water bills if they fail to supply the details of those tenants to the water company, the Government has said.”
OUT-LAW.com, 24th January 2012
Source: www.out-law.com
“Council tenants who sub-let their homes will face up to two years in prison under proposals by the government.”
BBC News, 11th January 2012
Source: www.bbc.co.uk
“Council tenants are to be banned from subletting their properties as the government prepares to introduce criminal offences to crack down on the ‘scandal’ of housing tenancy fraud and abuse.”
The Guardian, 1st January 2012
Source: www.guardian.co.uk
Mexfield Housing Co-operative Ltd v Berrisford [2011] UKSC 52; [2011] WLR (D) 322
“An agreement for a term of uncertain duration could not give rise to a tenancy in accordance with its terms but, pursuant to section 149(6) of the Law of Property Act 1925, it could take effect as a lease for 90 years, determinable on the death of the tenant.”
WLR Daily, 9th November 2011
Source: www.iclr.co.uk
“Landlords who rent out properties privately in a borough in east London could be the first in the country to face mandatory licensing under new proposals. Newham Council has started a 10-week consultation on proposals to introduce a licensing scheme for all private landlords that would see them and their properties subjected to legal checks. If the scheme is approved by councillors, it will be the first borough in England to license all private landlords.”
The Guardian, 29th September 2011
Source: www.guardian.co.uk
“Londoners hoping to rent out their homes during the Olympics are being warned they could be breaking the law and left facing a fine.”
BBC News, 28th September 2011
Source: www.bbc.co.uk
“Social landlords face a constant struggle trying to persuade heavily indebted tenants that paying rent is a priority over paying off the tenants’ bigger, more threatening creditors.”
Full story (PDF)
Zenith Chambers, 13th September 2011
Source: www.zenithchambers.co.uk
“Two recent cases once again highlight the importance for landlords of making proper and timely demands for service charges from their lessees and the potential for tenants to exploit a landlord`s failure to do so.”
Full story (Word)
Tanfield Chambers, 15th August 2011
Source: www.tanfieldchambers.co.uk
“A couple who have lived in a houseboat on the Isle of Wight for 20 years say they are being forced to leave their home after they lost a legal bid.”
BBC News, 16th August 2011
Source: www.bbc.co.uk
Tristmire Ltd v Mew and another [2011] EWCA Civ 912; [2011] WLR (D) 271
“A houseboat placed on a supporting platform in a harbour did not have a degree of permanence such as to make it part of the plot on which the platform stood so that a tenancy or licence of the plot would extend to the houseboat.”
WLR Daily, 28th July 2011
Source: www.iclr.co.uk
“A mandatory power of repossession is proposed by the government to make it easier to evict troublesome tenants from social housing.”
The Guardian, 3rd August 2011
Source: www.guardian.co.uk
“The provisions of the insolvency legislation did not fetter the power of the county court to make a possession order for non-payment of rent against a bankrupt assured tenant or an assured tenant protected by a debt relief order (“DRO”) made under Part 7A of the Insolvency Act 1986 (inserted by section 108(1) of and Schedule 17 to the Tribunals, Courts and Enforcement Act 2007) , although the court could not make an order for payment of unpaid rent against a bankrupt’s estate. Although the moratorium under a debt protection order rendered it unreasonable to make a suspended possession order conditional on paying off past debt, the county court had jurisdiction to make such an order conditional on payment of the current rent.”
WLR Daily, 15th July 2011
Source: www.iclr.co.uk
Grand v Gill [2011] EWCA Civ 554; [2011] WLR (D) 172
“Plasterwork was part of the structure of a property, rather than being decoration.
The Court of Appeal so held in a reserved judgment in allowing an appeal brought by the tenant, Tanya Grand, against the decision of Judge Karsten QC who, on 7 May 2009 at the Central London County Court, when awarding the tenant damages against the landlord, Param Gill, for breach of leasehold covenant in relation to a lease of a flat at 9B Marlborough Parade, Uxbridge Road, Hillingdon, had not included any sum in respect of plaster damage.”
WLR Daily, 19th May 2011
Source: www.iclr.co.uk
Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Regina v Qureshi [2011] WLR (D) 161
“A landlord of a residential occupier could not be convicted of an offence of harassment, contrary to section 1(3A) of the Protection from Eviction Act 1977, on the basis of vicarious liability.”
WLR Daily, 17th May 2011
Source: www.iclr.co.uk
Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
41–60 Albert Palace Mansions (Freehold) Ltd v Craftrule Ltd [2011] EWCA Civ 185; [2011] WLR (D) 62
“The meaning of the words ‘a self-contained … part of a building’ in section 3 of the Leasehold Reform, Housing and Urban Development Act 1993 was clear and there was nothing in the section to suggest that the right to enfranchisement attached only to the smallest possible self-contained part of a building.”
WLR Daily, 25th February 2011
Source: www.lawreports.co.uk
Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Daejan Investments Ltd v Benson and Others [2011] EWCA Civ 38; [2011] WLR (D) 24
“The proper exercise of the discretion in section 20ZA of the Landlord and Tenant Act 1985 (as inserted) to dispense with the requirement of consultation laid down in the Service Charges (Consultation Requirements) (England) Regulations 2003 did not depend on financial consequences for the landlord or tenant of granting or refusing such a dispensation.”
WLR Daily, 31st January 2011
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“Judges are to be given new powers to fast-track the eviction of tenants who harass their neighbours.”
The Independent, 11th January 2011
Source: www.independent.co.uk
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