Property: A Knotty Issue – Knotweed LitigationThe presence of Japanese Knotweed is an ever increasing problem for anyone selling their property and for some other property owners.
17th January 2019 by Adam SwirskyThe Supreme Court gives us a new test of ‘intent’ under the Landlord and Tenant Act 1954: S Franses Ltd v The Cavendish Hotel (London) Ltd  UKSC 62The Supreme Court has handed down its landmark decision on the meaning of ‘intention’ in grounds F and G of section 30(1) of the Landlord and Tenant Act 1954, changing a test that has been essentially settled since the 1950s.
11th December 2018 by Mark RowlandsProperty : Right to buy seminarWith James Browne and Barbara Zeitler
15th November 2018 by Philip AldenLeft Unsaid: Implied Obligations in Construction and Property Development WorkshopThe first workshop in the established practitioners series starts this Wednesday, 7 November 2018 at 6pm. Have you registered?
5th November 2018 by Mark RowlandsProperty: Paragon Asra Housing Limited v James Neville  EWCA 1712In Paragon Asra Housing Limited v James Neville  EWCA 1712, 26 July 2018, the Court of Appeal considered the application by a disabled tenant to suspend a warrant of eviction.
29th August 2018 by Barbara ZeitlerAnother Knotty IssueIn an earlier article we looked at the issues arising out of litigation connected to Japanese Knotweed.
1st August 2018 by Adam SwirskyAssessing General Damages in Unlawful Eviction Cases: Smith v Khan  EWCA Cave 1173, 17 May 2018Mr Khan had granted a twelve-month assured shorthold tenancy to the Claimant’s husband in June 2014. In March 2015 the husband left the property and disappeared.
27th June 2018 by Barbara ZeitlerDavid Sawtell writes about overreaching and overriding interests following Baker v Craggs  EWCA Civ 1126In Baker v Craggs  EWCA Civ 1126, the Court of Appeal restored some clarity to a number of fundamental concepts in conveyancing registered land.
18th June 2018 by David SawtellA big welcome to Matthew GillettCommercial and Chancery; Property; Personal Injury; and Aviation and Travel
4th June 2018 by Mark RowlandsDavid Sawtell presented his paper at Cambridge UniversityInterest and the standing of the residential leaseholder in construction operations
31st May 2018 by David SawtellTwo Third Six Pupillages commencing in personal injury and commercial/property groups.Invitation for applications. Deadline: 16 July 2018
29th May 2018 by Philip AldenService by email: the CA giveth, and the SC taketh awayTwo important cases in two days. In both cases, the recipient of a document purportedly served by email had not indicated that that they would accept such service.
29th March 2018 by David WillinkService by electronic means: Get the Party startedThe Court of Appeal has exploded the commonly held view that a party must consent to service by electronic means of a notice or document under the Party Wall etc Act 1996 (PWA 1996).
29th March 2018 by Derek KerrProperty: Recent Developments in Pre-Action DisclosureThe Court’s power to order pre-action disclosure is embodied in SCA81 s.33(2) and CCA84 s.52(2) and procedurally by CPR31.16.
2nd February 2018 by Graeme KirkA Knotty Issue – Knotweed LitigationThe presence of Japanese Knotweed is an ever increasing problem for anyone selling their property and for some other property owners.
18th December 2017 by Adam SwirskyOut of time! Strict time limit for reviews under the Housing Act 1985, s.85ZAIn Aaron Harris v Hounslow London Borough Council  EWCA 1476 the Court of Appeal has underlined the importance of social landlords being permitted to provide speedy relief to the victims of anti-social behaviour.
13th October 2017 by Elizabeth DwomohLondon Borough of Camden v Foxtons Limited  UKUT 349 (AAC)The Consumer Rights Act 2015 (the Act’) requires all letting agents in England and Wales to publicise details of their fees and provide a description of the fee that is ...
13th October 2017 by Barbara ZeitlerSeminar - Casting shadows: how to deal with rights to light in a development contextLamb Chambers - 8th November @ 5pm
13th October 2017 by Philip AldenProperty Seminar – Restrictive Covenants in 2017 and Whistle-Stop Tour: Forfeiting a Commercial LeaseOn 5 September 2017, Derek Kerr and Hannah Laithwaite presented to the real estate group of Captsticks.
6th September 2017 by Philip AldenWhen is temporary accommodation provided by a local authority occupied as a “dwelling”?Dacorum Borough Council v Ms Chenalee Bucknall  EWHC 2094 (QB)
1st September 2017 by Elizabeth DwomohSupreme Court refuses permission to appeal in RTM caseThe Supreme Court has refused permission to appeal to the Respondent freeholder in the case of Elim Court RTM Co Ltd v Avon Freeholds Ltd  H.L.R. 18;  EWCA Civ 89.
19th July 2017 by Winston JacobProperty: Article 6 in Homelessness Decisions and the Suitability of a Property with a Bull’s Eye WindowIn Poshteh v RB Kensington and Chelsea, the Supreme Court disagrees with Strasbourg jurisprudence and dismisses an appeal against a suitability review.
1st June 2017 by Barbara ZeitlerDo the homelessness provisions in the Housing Act 1996 create a ‘civil right’?Poshteh v Royal Borough of Kensington and Chelsea  has re-visited the issue of whether the homelessness provisions in the Housing Act 1996 create a ‘civil right’ which engages article 6 of the European Convention on Human Rights.
23rd May 2017 by David SawtellError Message - New Law JournalAssesses the Court of Appeal judgment in Elim Court RTM Co Ltd v Avon Freeholds Ltd on the court's approach to the consequences of failing to comply with...
5th May 2017 by Winston JacobTrimming the schedule Car Giant Ltd & Anr. v London Borough of Hammersmith & Fulham  EWHC 197 (TCC)The defendant council (LBHF) held a 25 year lease of a number of units in a fairly low-rent industrial estate close to Harlesden, west London. The lease contained a full repairing covenant.
26th April 2017 by James BrowneBusiness rates – Reality trumps: Newbigin (VO) v S J & J Monk (a firm)  UKSC 14In Monk the Supreme Court had to determine whether a commercial building in the process of redevelopment had to be valued for the purposes of rating as if it was still a useable office?
22nd March 2017 by Elizabeth DwomohFailure to comply with statutory notice requirements - The Court of Appeal addresses the correct approach to non-compliance with the right to manage legislationA party serves a notice seeking to acquire a property or similar right but fails to comply with the strict requirements of the statute. Does it invalidate the notice? The Court of Appeal considers this question for the first time in relation to the right to manage legislation
24th February 2017 by Winston JacobMajor UK housebuilder to pay out £7m in compensation for defective homesIt has just been announced that Bovis Homes Group Plc has set aside £7m to compensate homebuyers for defects in their homes.
21st February 2017 by David SawtellDavid Sawtell writes about the Landlord and Tenant Act 1954 in the Estates GazetteDavid Sawtell has an article in the 21st January 2017 issue of the Estates Gazette concerning landlords’ options in respect of new protected commercial tenancy applications.
26th January 2017 by David SawtellOccupiers of almshouses - Stewart v Watts  EWCA Civ 1247Can an almsperson claim security of tenure over their home?
18th January 2017 by David SawtellLandlords and agents beware: a reminder of the costly implications of a throw-away (mis)representationTwo dairy farmers, the Wakleys, that took on the Crown Estate were rewarded for their resolve on 15 December 2016 when the High Court in Bristol handed down Judgment in their favour.
5th January 2017 by Hannah LaithwaiteThe costly nature of omissions – Quilter v Hodson Developments Limited  EWCA Civ 1125Q purchased a property in a development from H. The purchase price paid on completion was £240,000. Two years later Q sold the property for £275,000.
21st December 2016 by Elizabeth DwomohImplied terms cannot cure incomplete contracts: Wells v Devani  EWCA Civ 1106In November, the Court of Appeal by majority held that the implication of terms could not turn an incomplete estate agency agreement into a binding contract.
21st December 2016 by John DitchburnIs an oral agreement for the sale of land worth the paper it’s written on? Matchmove Limited v Dowding and Church  EWCA Civ 1233This case considered the vexed relationship between section 2 of the Law of Property (Miscellaneous Provisions) Act 1989, which requires a contract for the sale or other disposition of an interest in land to be in writing, and the preservation in section 2(5) of ‘resulting, implied or constructive trusts’.
12th December 2016 by David SawtellThe Court of Appeal blows the whistle on fresh evidence on appeal in a Part II LTA 1954 case: Clear Call Ltd v Central London Investments Limited  EWCA Civ 1231When a court is considering a tenant’s application for a grant of a new tenancy or a landlord’s opposition to the grant of such a tenancy under the provisions of Part II of the Landlord and Tenant Act 1954, it is often deciding what terms will govern the future rather than considering what has happened in the past.
8th December 2016 by David SawtellFailure to apply for permission to issue warrant of possession: error of procedure: CPR 83.2 and 3.10Does a landlord’s failure to apply under CPR 83.2 for permission to issue a warrant of possession invalidate the warrant? No, said the Court of Appeal in Cardiff County Council v Lee (Flowers)  EWCA Civ 1034.
22nd November 2016 by Winston JacobMore cranes on the London skyline, but for how long?The Deloitte Office Crane Survey for Winter 2016 makes for some very interesting post-Brexit reading. Construction momentum in London has slowed, with 40 new schemes starting over the past six months, compared with 51 in the previous survey.
21st November 2016 by David SawtellSupreme Court rules against ‘bedroom tax’ decisions on equality groundsThe newspaper front pages have had other things to occupy them in the past few days, so you might well have missed an important Supreme Court decision connected to one of this year’s hot political potatoes: the spare room subsidy or, as its critics have labelled it, the ‘bedroom tax’.
11th November 2016 by Graeme KirkHeathrow Third Runway: is the UK construction industry ready to take off?The news that a third runway has been approved for Heathrow has triggered renewed debate about the merits of the scheme and at least one West London by-election.
27th October 2016 by David SawtellCourt of Appeal clarifies application rules for suspended possession orders to be grantedCPR 83.2(3)(e) was introduced by the Civil Procedure (Amendment) Rules 2014 (Si 2014/407) and marked a departure from the longstanding principle that no notice or permission was needed to issue a warrant.
25th October 2016 by Alex CunliffeProperty: Admiralty Park Management Company Limited and Mr Olufemi Ojo  UKUT 0421This recent decision in the Upper Tribunal (UT) serves as both a reminder of proper procedure and a warning to practitioners.
20th October 2016 by Elizabeth HaggertyLandlord’s construction works and quiet enjoyment: Timothy Taylor Ltd v Mayfair House Corporation  EWHC 1075 (Ch)When carrying out construction works to a building with existing tenants, the landlord must be very careful not to breach the covenant for quiet enjoyment of the premises.
31st August 2016 by David SawtellWhen can unreasonable behaviour be costly?In the conjoined appeals of Willow Court Management Co Ltd v Ratna Alexander, Shelley Sinclair v 231 Sussex Gardens Right to Manage Ltd, Raymond Stone v 54 Hogarth Road, London SW5 Management Ltd  UKUT 290 (LC),
31st August 2016 by Elizabeth DwomohSupreme Court reviews Section 11 of the Landlord and Tenant Act 1985Valuable Guidance on Interpretation
14th July 2016 by Winston JacobProperty: Ducking Anti-Oral Variation ClausesIf parties enter into a written contract providing that any alteration to the contract must be “set out in writing and signed on behalf of both parties before they take effect”, can the contract still be varied orally?
14th July 2016 by Richard HayesUpdate on suspended possession ordersIn City West Housing Trust v Massey and Manchester & District HA v Roberts  EWCA Civ 704 the Court of Appeal has set out some non-prescriptive guidance on how courts should exercise...
14th July 2016 by Derek KerrIssue of proportionality and private landlords: MacDonald (by her litigation friend Duncan J McDonald) v McDonald and othersIn the case of MacDonald (by her litigation friend Duncan J McDonald) v McDonald and others  UKSC 28 the Supreme Court unanimously rejected the notion...
14th July 2016 by Erol TopalMcDonald: Settling unanswered questionsDavid Sawtell and Erol Topal consider the Supreme Court decision on the application of article 8 to private sector lettings (Solicitors Journal article)
12th July 2016 by David Sawtell & Erol TopalHandling Suspended Possession OrdersImportant Clarification at Last
8th July 2016 by Derek KerrSupreme Court rejects Article 8 defence by tenant in possession claim brought by private landlordOn 15 June 2016 the Supreme Court handed down its much anticipated decision in McDonald (by her litigation friend Duncan J McDonald) v McDonald and others  UKSC 28
16th June 2016 by David SawtellMerlin’s facility management: why commercial and property lawyers will need to know about BIMThe way in which the built environment is constructed and facilities are managed is changing. We need to make sure our contracts, enquiries and legal services keep up.
7th June 2016 by David SawtellSecretary of State for Communities and Local Government v West Berkshire DC and Reading BC  EWCA Civ 441Affordable Housing under fire?
6th June 2016 by James BrowneHousing associations and “public flavour” – an acquired taste? R (on the application of Macleod) v The Governors of the Peabody Trust  EWHC 737 (Admin)There has been a recent trend towards treating housing associations as public bodies for the purposes of judicial review and human rights defences,...
6th June 2016 by Helen TurnbullLandlord & Tenant : Solicitors Journal publicatonElizabeth Haggerty provides a refresher on some of the most significant decisions of the past six months, together with potentially important forthcoming judgments
3rd June 2016 by Elizabeth HaggertyProperty: Murdoch v Amesbury RevisitedIn a recent edition of this publication I had occasion to complain about the decision of the Upper Tribunal in Murdoch v Amesbury  UKUT 3 (TCC).
6th May 2016 by Simon BrilliantA defeat for the Government regarding the ‘Bedroom Tax’: R (on the application of Rutherford & Ors) v Secretary of State for Work and PensionsThere was much press coverage of two joined appeals to the Court of Appeal, which resulted in a finding that the so-called ‘Bedroom Tax’ was unlawfully discriminatory on the facts of each case.
23rd March 2016 by Jane CliftonNew tenant - David SawtellWe are delighted to welcome David Sawtell to Chambers today.
9th March 2016 by Vincent DenhamNew Rules on Cost BudgetingAs of the 6th of April 2016, important new rules affecting costs budgeting come into force.
4th March 2016 by Bernard PressmanMurdoch v Amesbury  UKUT 3 (TCC)In 2003 responsibility for the judicial determination of disputed applications to Land Registry passed to the newly created post of the Adjudicator.
11th February 2016 by Simon BrilliantTenancy Deposits: can I serve a Section 21 notice? - A quick guide and flowchartSection 21 of the Housing Act 1988 provides a no-fault procedure for the recovery of possession of a property let on an assured shorthold tenancy.
8th February 2016 by Winston Jacob“The Absent Tenant. The Only or Principal Home Test” Landlord and Tenant Review 2015
7th December 2015 by Philippa SealLaw Brief Update
6th December 2015 by Elizabeth DwomohRICS IsurvContributor, Service charges
6th December 2015 by Elizabeth Dwomoh“Give me a Break”Lecture on break clauses in commercial leases delivered at Lamb Chambers Property Seminar.
4th December 2015 by Richard HayesOrders for the Grant of a New Tenancy under Part II of the 1954 Act and the Recalcitrant Tenant
3rd December 2015 by Trespass to Land in volume 40(1) (2011 issue) of Atkin's Court FormsEditor
3rd December 2015 by Land Registration in volume 25(2) (2011 issue) of Atkin's Court FormsSimon is the editor of the title
3rd December 2015 by A Practical Guide to Land Registry AdjudicationThe authoritative manual on presenting a case before the Adjudicator to HM Land Registry
3rd December 2015 by 2015: A good year for contract law?The direction of travel in commercial contract law has been towards freedom of contract and upholding the actual bargains reached by the parties, says Richard Hayes - www.solicitorsjournal.com
1st December 2015 by Richard HayesThe More Regulation Act - Estates Gazette 06.11.2015
6th November 2015 by Winston JacobCalculating the Cost of recoverabilityElizabeth’s article in the Estates Gazette
24th October 2015 by Elizabeth HaggertyWhat do home businesses mean for landlords?Elizabeth Dwomoh and Richard Hayes analyse the effct of the Small Business, Enterprise and Employment Act 2015 on business tenancy renewal protection
5th October 2015 by Elizabeth Dwomoh & Richard HayesChanges to the Land Registry’s practice on registering EasementsWhen registering an easement that is expressly granted or reserved out of a registered title, the grant or reservation will only operate at law if the registration requirements under s.27(1) of the Land Registration Act 2002 are met.
1st October 2015 by Elizabeth DwomohDeregulation Act 2015, ss. 33 to 41 in force on 1 October 2015On 1st October 2015, the remaining provisions of the Deregulation Act 2015 relating to assured shorthold tenancies came into force. The provisions are detailed and complicated and set out in ss. 33 to 41 of the Act.
1st October 2015 by Winston JacobHow a landlord may recover possession under section 21 of the Housing Act 1988 after 1 October 2015The Deregulation Act 2015 (“the 2015 Act”) has made largescale changes to the legislative protection available to tenants of properties let on assured shorthold tenancies (“ASTs”).
1st October 2015 by Winston JacobCareful who you trust – Wishart v Credit and Mercantile Plc  EWCA Civ 655The Appellant (W) claimed that he was entitled to the proceeds of sale of a house (“Dalhanna”).
1st August 2015 by Elizabeth DwomohRainy Sky indoors? Arnold v. Britton and ors  UKSC 36An estate contained 91 chalets let on 99 year terms. The Appellants were the tenants under 25 of these leases. The Respondent was the landlord.
1st July 2015 by Rahul VarmaChief Constable of The Bedfordshire Police v (1) Golding; (2) Fransen  EWHC 1875 (QB)In Chief Constable of The Bedfordshire Police v (1) Golding; (2) Fransen  EWHC 1875 (QB) the question was whether or not leaders of “Britain First” (“BF”), should be banned from entering Luton for their march on 27 June 2015 (“the Day”), under the Anti-Social, Behaviour, Crime and Policing Act 2014.
1st July 2015 by Intentionally homeless: Haile v London Borough of Waltham Forest  UKSC 34In October 2011, H, a pregnant woman, surrendered the tenancy of her bedsit in a hostel, which only accommodated single people.
1st June 2015 by Elizabeth DwomohConsumer Rights Act 2015 – Duty of letting agents to publicise feesA raft of acts were passed before Parliament was prorogued on 26th March 2015. Amongst them was the Consumer Rights Act 2015 (“the Act”). The Act amends and consolidates the law relating to the rights and protection of consumers.
1st May 2015 by Elizabeth DwomohDeregulation Act 2015 – tenancy depositsThe Deregulation Act 2015 received royal assent on 26 March 2015. It contains amendments to landlord and tenant legislation that will come into force during 2015. Sections 30 to 32 deal with tenancy deposits and are already in force.
1st May 2015 by Winston JacobHandbooks at dawn: Conveyancers are not guarantorsA conveyancing solicitor owes no general duty to a client to investigate the solvency of a vendor in a property transaction – Kandola v Mirza Solicitors LLP  EWHC 460 (Ch).
1st April 2015 by Derek Kerr“You can’t evict me – I’m disabled”: Akerman-Livingstone v Aster Communities Limited  UKSC 15Following Ackerman-Livingstone:
1st April 2015 by Ross BeatonTenancy Deposits and s.21 Notices: the end of the road for defaulting landlordsCharalambous v Ng  EWCA Civ 1604
1st March 2015 by David WillinkThe vagaries of the County CourtImagine: Your clients, the claimants (C), a young couple, were granted a long lease by the freeholder (“D”) in 2002.
7th February 2015 by Philippa SealSecure tenancies and successionWas the decision of a local authority, in refusing the partner of a pre-April 2012 secure tenant the right to succeed to his tenancy because she had not resided with him for a continuous period of 12 months before his death, unreasonable or disproportionate?
1st February 2015 by Elizabeth DwomohDate of intention - Hough v Greathall Limited  EWCA Civ 23Eleven years after the changes introduced by the Regulatory Reform (Business Tenancies) (England and Wales) Order 2003/3096 to s.25 of the Landlord and Tenant Act 1954, the Court of Appeal has clarified the meaning of the “new” wording.
1st February 2015 by Helen TurnbullEviction without a court orderIn R (ZH) v Newham LB; R (CN) v Lewisham LB  UKSC 62, the Supreme Court has reaffirmed that, as a general principle, s. 3(2B) of the Protection from Eviction Act 1977 does not apply to licences granted by a local authority
1st December 2014 by Winston JacobSims v Dacorum Borough Council  UKSC 23The Supreme Court reconsidered the rule in Hammersmith & Fulham LBC v Monk  AC 478 under which one tenant can terminate a joint tenancy for all tenants by serving a unilateral notice on the landlord.
1st December 2014 by Helen TurnbullScott v Southern Pacific Mortgages Ltd  UKSC 52When innocence is relative
1st November 2014 by Derek KerrArticle 8 ECHR cannot be invoked against private landlords in a possession claimIn McDonald v McDonald  EWCA Civ 1049 the Court of Appeal provided clarity that a tenant cannot invoke Article 8 of the European Convention on Human Rights as a defence to possession against a private landlord.
1st October 2014 by Philippa Seal"Clarifying the 'ought not to be' test" (s.30(1) Landlord & Tenant Act 1954)
4th September 2014 by James BrowneTermination of business tenanciesZoe Youssefi v Joan Mussellwhite  EWCA Civ 885
1st August 2014 by Elizabeth DwomohProperty: Limiting the Scope of undue influenceBirmingham City Council v (1) Janet Beech (sued as Janet Howell) (2) Michael Beech  EWCA Civ 830 (14 June 2014)
1st August 2014 by Derek KerrObtaining title by criminal adverse possessionAn application to the Land Registry to be registered as proprietor of land through adverse possession requires possession for the 10 years immediately preceding the application (Schedule 6, Land Registration Act 2002).
1st July 2014 by David WillinkA costly break upIf a tenant paid rent due on the quarter day in full because he was uncertain that on that date he could meet the preconditions required to exercise the break clause,
1st June 2014 by Elizabeth DwomohServing a break notice on pink paper rather than blue – a salutary taleIn Friends Life Limited v. Siemens Hearing Instruments Limited  EWCA Civ 382, solicitors for Siemens, the tenants,
1st May 2014 by Lawrence CaunHolding over – tenancy or not?Desultory or slow negotiations will not give rise to a renewal tenancy.
1st May 2014 by Derek KerrCoventry and others v Lawrence and others  UKSC 13The SC has held that a broader test ought to be applied in dealing with the question of whether damages in lieu of a final injunction should be awarded.
1st April 2014 by Richard HayesForfeiture for service charge arrears – will a default judgment do?S.81 Housing Act 1996 restricts the landlord’s right to forfeit for arrears of service and/or administration charges unless the tenant admits the debt or it has been or “finally determined” by a court or tribunal.
1st April 2014 by Rahul VarmaRoom for argument - New Law Journal 07.02.2014New Law Journal, 7 February 2014
7th February 2014 by Winston JacobLexisNexis webinar: 'Cohabitation, Key Concerns and Considerations' - 11/2/13
11th December 2013 by Calculating damages for trespass (Dec 2013)The case of Eaton Mansions (Westminster) Ltd v Stinger Compania De Inversion SA  EWCA Civ 1308 provides useful guidance in relation to calculating damages for trespass to land.
1st December 2013 by Philippa SealNotice the change - Spencer v Taylor  EWCA Civ 1600On 9th December the Court of Appeal’s decision in Spencer v Taylor  EWCA Civ 1600 upset what many commentators had regarded as a settled area of law relating to the service of notices under s.21 of the Housing Act 1988.
1st December 2013 by Erol TopalA miss is as good as a mile – Part 36In Hammersmatch Properties (Welwyn) Limited v Saint-Gobain Ceramics Limited (and another)  EWHC 2227
1st December 2013 by Richard Hayes‘Diss’ing the law of distressFrom 6 April 2014 the ancient self-help remedy of distress for rent is abolished and replaced by a process called Commercial Rent Arrears Recovery (‘CRAR’).
1st November 2013 by Derek KerrGame of (Manorial) Thrones: A case of logic v law? (Nov 2013)The Court of Appeal heard a second appeal from a decision of the Deputy Adjudicator of the Land Registry, Lamb Chambers’ own Mr Simon Brilliant, relating to alteration of the Register on grounds of mistake.
1st November 2013 by Helen TurnbullWatch your tree roots! Khan and another v Harrow Council and another  EWHC 2687 (TCC)In Khan Ramsey J considered the principles of a claim on the basis of nuisance where damage to a house is caused by tree roots from a neighbouring property.
1st October 2013 by Philippa SealRegina (CN) v Lewisham London BoroughThe SC decisions in Manchester City Council v Pinnock  2 AC 104 and Hounslow London Borough Council v Powell  2 AC 186 have had far reaching ramifications in standard possession proceedings,
1st August 2013 by Vaughan JacobUnder-occupiers, be aware!In the recent case of Holt v Reading Borough Council  EWCA Civ 641 the CA held that it is open to the trial judge to make a conditional order for possession on the ground of under-occupation, even when no suitable alternative accommodation is available at the date of the possession hearing.
1st July 2013 by Philippa SealTenancy deposits and statutory periodic tenanciesWhen a fixed-term AST ends, any subsequent statutory periodic tenancy is a new tenancy (s.5(2) Housing Act 1988). What does this mean for tenancy deposits?
1st July 2013 by David WillinkAssured Tenancy upper limit changeFrom 1st October 2010 the upper limit for tenancies that can be assured tenancies will increase from £25,000 to £100,000.
23rd June 2013 by Service Charges: OM Property Management v Thomas Burr  EWCA Civ 479For the purposes of the Landlord and Tenant Act 1985 (“the Act”) when are costs properly said to have been “incurred”?
1st June 2013 by Elizabeth HaggertyProperty: Johnson & Others v Old  EWCA Civ 415On 1st May 2009 the defendant tenant entered into a 6 month assured shorthold tenancy of a flat.
1st June 2013 by James BrowneSubletters be Warned!The Prevention of Social Housing Fraud Act 2013, which received royal assent on 31 January 2013, and is yet to come into force, will represent a new era in the law relating to sub-letting.
1st May 2013 by Philippa SealGaining and Losing Title to Registered LandIn Horace Parshall v Clara Hackney  EWCA Civ 240 the appellant (“X”) appealed against a decision that the respondent (“Y”) had acquired possessory title to a parcel of land which had formed part of his property (“the disputed land”).
1st May 2013 by Elizabeth DwomohLandlord and Tenant: Guidance on how discretion under s.20(1) Landlord and Tenant Act 1985 (Service Charges. Landlords will be largely comforted by this recent decision of the Supreme Court as it makes the conditional dispensation of consultation requirements more likely and the issues more certain.
1st April 2013 by Elizabeth HaggertyLandlord and Tenant: Birmingham City Council v Beech  EWHC 518 QBBirmingham City Council v Beech is the most recently reported case which confirms the difficulty of successfully defending a claim for possession on the basis of Art. 8 (respect for family life & home).
1st April 2013 by Philippa SealLandlord and Tenant: Is the rule in Monk compatible with the ECHR?Hypothetical husband and wife, Jack and Jill, are joint tenants under a secure periodic tenancy granted by the local authority, Crown Borough Council.
1st February 2013 by Elizabeth DwomohLucie Marie-Antoinette Campbell v Daejan Properties Ltd  EWCA Civ 1503The appeal concerned the issue of whether a clause in a lease contained an obvious error, which the court should correct as a matter of construction.
1st January 2013 by Elizabeth DwomohGetting the Most out of the LVT – Practice and Procedure in the Leasehold Valuation TribunalLamb Chambers’ Property Group seminar
1st December 2012 by Rahul VarmaProperty: Charles Terence Estates Limited v Cornwall Council  EWCA Civ 1439In which circumstances can a local housing authority (‘LHA’) rely on its own breach of duty to escape its contractual obligations?
1st December 2012 by Philippa SealBirmingham City Council v Neil Ashton  EWCA Civ 1557This appeal concerned the weight given by a court to the factors listed in s.85A(2) Housing Act 1985 (‘the Act’) when considering making a suspended possession order following incidents of anti social behaviour.
1st December 2012 by Vaughan JacobIgnorance is Not Bliss‘Prescribed information’ about the Tenancy Deposit Scheme (‘TDS’) means just that. So the Court of Appeal has recently held in Ayannuga v Swindells  EWCA Civ.
1st December 2012 by Derek KerrWhat Makes a House a House? Day & Anor v. Hosebay Limited and Howard de Walden Estates Limited v. Lexgorge Limited  UKSC 41Most people would consider they have a firm understanding of the meaning of ‘house’.
12th November 2012 by Helen TurnbullA Leasehold Valuation Tribunal (“LVT”) does not have unfettered inquisitorial powers: Birmingham City Council v. Keddie and Hill  UKUT 323 (LC)An LVT should determine the questions raised in the application before it and not questions it itself identified.
1st November 2012 by Elizabeth HaggertySurvivorship and joint secure tenancies: Solihull MDC v Hickin  UKSC 39When a joint tenant dies, the tenancy vests in the survivor(s). So far, so “law school”. What if the joint tenancy is secure under the Housing Act 1985 (“HA85”)?
1st October 2012 by Put it in writing!: David Norma Keay and Linda Mary Keay v Morris Homes (West Midlands) Ltd  EWCA Civ 900 CAThe Appellant (MHL) agreed to purchase land from the Respondents (K) and K’s company.
1st October 2012 by Elizabeth DwomohProperty: CGIS City Plaza Shares 1 Limited & CGIS City Plaza Shares 2 Limited v BRITEL Fund Trustees Limited  EWHC 1594 (Ch)The Claimants (C) were the registered freehold proprietors of the dominant land.
1st August 2012 by Elizabeth DwomohSusannah O'Connell v Viridian Housing  EWHC 1389Where a tenant seeks to rely on disability discrimination as a defence to possession, s/he will not necessarily be entitled to an adjournment where the disability is irrelevant to the arrears.
12th July 2012 by Philippa SealA little local difficultyThe OED (Concise, 8th ed) gives as a definition of localism "attachment to a place", and "a limitation of ideas etc resulting from this". Who would accuse the Localism Act 2011 of lacking ideas, at least in the field of English housing law?
1st June 2012 by Corby Borough Council v Scott, West Kent Housing Association v Haycraft  EWCA Civ 276This jointly heard appeal is the first time that the Court of Appeal has considered and applied the principles set out in Pinnock v Mancester CC  UKSC45 and Powell v Hounslow LBC  UKSC 8 that 'only in "very highly exceptional cases" will it be appropriate for the court to consider a proportionality argument'.
1st April 2012 by Twenty Two Clifton Gardens Limited v Thayer Investments SA  UKUT 71 (LC)This appeal to the Upper Tribunal (Lands Chamber) concerned a freeholder’s efforts to recover the solicitors’ costs and surveyors’ fees of LVT proceedings.
1st April 2012 by Elizabeth HaggertyPimlott v Varcity Accommodation Ltd  EWHC 19On the tenant's appeal against a Rent Assessment Committee's assessment of the rent for her assured periodic tenancy,
1st March 2012 by Property: Re: 9 Cambridge Square, Redhill  UKUT 2 (LC):Service charge — Landlord and Tenant Act 1985 s 20B — “costs” are “Incurred” when “expended” or “become payable”
1st March 2012 by Elizabeth HaggertyLexisNexis webinar: 'Cohabitation' - 9/2/12
9th February 2012 by Paragon Mortgages Ltd v. (1) Robert McEwan-Peters (2) Rachel Frances McEwan-Peters  EWHC 2491 (Comm) 3 October 2011, David Steel JThe Claimant specialised in the buy-to-let market. The Defendant mortgagors ('D1' and 'D2', respectively) bought residential properties and let them mainly to students.
6th February 2012 by Rahul VarmaAn appeal against a decision of the Leasehold Valuation Tribunal for the Midland Rent Assessment Panel by Clarise Properties Limited (Re: 167 Kingshurst Road)  UKUT 4 (LC)In a recent decision the Upper Tribunal has provided guidance on the correct method of valuing the freehold during leasehold enfranchisement of a dwelling house under s9(1) of the Leasehold Reform Act 1967 and confirmed the limit scope of correction certificates.
2nd February 2012 by Elizabeth HaggertyProperty: Recalling, When Love is BlindThe recent case of Padden v Bevan Ashford  EWCA 1616 is a telling example of the onerous duty on any solicitor who certifies a mortgage.
1st February 2012 by Derek KerrIn Rome but not in rem – Jurisdiction and the Holiday HomeLamb Chambers’ Property Group seminar
2nd January 2012 by Derek KerrConsecrated burial grounds; an obstacle to developers? In re Radcliffe Infirmary Burial Ground  PTSR 1508During the past three centuries many hospitals, barracks and other institutions were provided with adjacent burial grounds for the victims of disease or war.
1st January 2012 by Timothy BridenLandlord and Tenant: Fully Mutual Housing Co-operatives: Till Death Us Do PartIn Berrisford v Mexfield Housing Co-operative Ltd  UKSC 52 the Supreme Court allowed an appeal against a possession order made against the tenant (‘T’) of a fully mutual housing co-operative (‘FMHC’).
2nd December 2011 by Derek KerrGreening v Castelnau Mansions Limited  UKUT 326 (LC)A reminder that the costs provisions in leases are narrowly construed despite collective enfranchisement having occurred.
1st December 2011 by Elizabeth HaggertySmith v Bush duty of care not extended to buy-to-letA difficult property market has started to give rise to an increase in claims against valuers, in particular in the buy-to-let market.
2nd November 2011 by Richard HayesMarie Garside and Michael Anson v RFYC Limited and B R Maunder Taylor  UKUT 367 (LC)In Garside, the Appellant Lessees (“A”) appealed against a decision of the Leasehold Valuation Tribunal (“the LVT”)
1st November 2011 by Elizabeth DwomohJones -v- Kernott  UKSC 53Unmarried couples’ beneficial interests
1st November 2011 by Richard PowerInsolvency: Obtaining possessionCan a bankruptcy order preclude the making of a possession order on the ground of rent arrears in respect of a property let on an assured tenancy? In short, no, as has recently been decided in Sharples v Places for People Homes Limited  Civ EWCA 813.
1st October 2011 by Philippa SealProperty: Warrants for possession - appealsIt is well known that a mortgagor cannot apply to set aside a warrant for possession after it has been executed unless he can show oppression or serious procedural irregularity.
1st October 2011 by Adam SwirskyService charges: Importance of freeholder's compliance with terms of lease to recover from lesseeThe decision of the Upper Tribunal (Lands Chamber) in Akorita v Marina Heights (St. Leonards) Limited  UKUT 255 (LC) emphasises the need for freeholders to comply fully with the provisions of a lease in order to ensure recovery of service charges from their leaseholders.
1st October 2011 by Winston JacobDeparture from SportelliRecently the Leasehold Valuation Tribunal accepted a departure from the “Sportelli doctrine”, namely the general rule that, in applying deferment yield in calculations of lease enfranchisement valuations, a rate of 5% should be used for flats to reflect the increased risk to freeholders of flats as opposed to houses, for which the rate is 4.75%.
1st October 2011 by Housing: The status of tenants after the sale of reversionary interests in residential tenanciesC sold to D1 (a housing association) their reversionary interest in a number of residential tenancies subject to the Rent Act 1977, those tenants (such as D2) now being tenants of D1.
2nd August 2011 by Tenancy Deposit Protection: the end of the line?Hot on the heels of the High Court judgment in Draycott v Hannells Letting Ltd  HLR 27 and of the Court of Appeal (CA) ruling in Tiensia v Vision Enterprises Ltd  EWCA Civ 1224,
2nd July 2011 by James BrowneCosts: Sousa v London Borough of Waltham Forest Council  EWCA Civ 194In Sousa the issue before the Court of Appeal was whether the court should have regard to the fact that a claimant is insured (and has been fully indemnified) when considering whether it is reasonable for a claimant (and/or his insurers) to instruct solicitors on terms that include a success fee.
1st May 2011 by 41 – 60 Albert Palace Mansions (Freehold) Ltd v Craftrule Ltd  EWCA Civ 185;  WLR (D) 62In considering tenants’ rights to collective leasehold enfranchisement, the Court of Appeal gave guidance on the interpretation of the words “a self-contained part of a building” under section 3 of the Leasehold Reform Housing and Urban Development Act 1993.
1st April 2011 by Helen TurnbullProportionality and its application to social housing possession cases rears its head again.In Manchester City Council v Pinnock  UKSC 45, in respect of possession orders sought by public authority landlords, 9 Supreme Court Judges bowed to the repeated insistence of the ECtHR that people facing eviction from their home are entitled to have the proportionality of the decision to evict them assessed by a court.
1st April 2011 by Express trusts - a cautionary taleA properly executed deed of trust is generally conclusive of the beneficial rights subsisting under a trust of land.
4th February 2011 by Derek KerrSetting aside possession orders after a failure to attend – Which part of the CPR applies now?The Court of Appeal in Hackney London Borough Council v Patrick Findlay  EWCA Civ 8 CA (Civ Div) re-considered their decision of Forcelux Ltd v Binnie (2009) EWCA Civ 854, (2010) CP Rep 7
2nd February 2011 by Morgan JohnTenants and discriminationThe Equality Act 2010 came into force in October 2010. It has a potential impact on landlord and tenant relations in a number of areas.
1st February 2011 by Costs: Potential perils of exaggerating claimsThe recent case of London Tara Hotel Ltd v Kensington Close Hotel Ltd  EWHC 29 (Ch) sounds a further warning shot for claimants who grossly exaggerate their claim.
1st February 2011 by Elizabeth DwomohPinnock (Appellant) v Manchester City Council (Respondent)  UKSC 45In 1978 the Respondent (R) granted the Appellant (P) a tenancy of a house in which he lived with his partner and their five children.
2nd December 2010 by Erol TopalKay & Ors v The United Kingdom, ECHR 21 September 2010Kay constitutes the latest round in the debate over the application of Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) to possession claims.
2nd November 2010 by Lamb Chambers' case to bring back equity to the law of trustsRichard Power’s case Jones v Kernott  EWCA Civ 578 is going to the Supreme Court. The CA gave leave to appeal on 26th May 2010.
1st October 2010 by Philippa Seal"A Tenant's Money Made Safer" (with Paula Hebberd) Estates Gazette 19.6.2010 p. 108 (tenancy deposit schemes).
19th June 2010 by James BrowneResidential Tenancies
3rd December 2009 by Crunchtimea discussion of the issues affecting landlords of commercial premises in the economic downturn, in particular in the case of tenant insolvency
24th February 2009 by Richard HayesLaw of LimitationCo-author
4th August 2005 by Richard HayesA new name needed for adverse possession?
3rd October 2002 by Housing: Possession orders and the Disabled - practical considerations for Local AuthoritiesThe case of Barnsley Metropolitan Borough Council v (1) Darren Norton (2) Louise Norton (3) Samantha Norton  EWCA Civ 834 has emphasised the trend of courts seeking to get local authorities
30th November -0001 by Morgan John