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42BR members Krishma Patel and Samuel Davis discuss particulars of claim in possession cases Read more >
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42BR members Krishma Patel and Samuel Davis discuss particulars of claim in possession cases
Published: 30th Sep 2022
Rent Repayment Orders: the Court of Appeal has this morning handed down judgment in Kowalek v Hassanein Ltd dismissing the tenants’ appeal from the Upper Tribunal.
Published: 25th Jul 2022
Jonathan Davies has written an training paper on TUPE, pensions and Beckmann Rights
Published: 7th Jul 2022
Desmond Kilcoyne, of 42BR, has written a synopsis on the Building Safety Act 2022: Parts now in force since 28 June 2022
Published: 5th Jul 2022
Michael Grant discusses the recent High Court decision in Procter v Procter and others [2022] EWHC 1202.
Published: 30th May 2022
Published: 10th May 2022
A seminar considering the Supreme Court decision in Stoffel v Grondona, where mortgage fraud did not prevent a claim for solicitor’s negligence, and subsequent case law on the illegality defence.
Published: 9th Feb 2022
Arfan Khan led Alexander Rozycki from St Philips Chambers on appeal to the EAT before Mr Mathew Gullick QC (sitting as a Deputy High Court Judge).
Published: 30th Nov 2021
A fresh opportunity for the High Court to consider the effect of a transfer in a fraudulent property transaction occurred in Victus Estates Limited & Others v Munroe & Others [2021] EWHC 2411.
Published: 7th Sep 2021
Michael Grant discusses the recent Court of Appeal decision of Aster Communities v Kerry Chapman (and Ors) [2021] EWCA Civ 660, concerning the attachment of conditions to an award of dispensation from the consultation requirements under S.20 of the Landlord and Tenant Act 1985.
Published: 14th May 2021
Published: 30th Oct 2020
Published: 29th Oct 2019
The Appellant, a former solicitor, claimed he held a beneficial interest in property by way of constructive or resulting trust.
Published: 22nd May 2019
Today, 20 March 2019, the Homes (Fitness for Human Habitation) Act 2018 comes into force; introducing new sections 9A, 9B and 9C into the 1985 Act.
Published: 20th Mar 2019
Laura Giachardi was instructed as junior counsel by the appellant Mr Devani, in his successful appeal to the Supreme Court on the fundamental matters of interpretation and implied terms in contract law.
Published: 13th Feb 2019
Double-edged sword: Can you have two possession orders at once? In a recent case an interesting point arose around whether or not it was possible for a landlord under an AST to have two possession orders in respect of the same property at the same time. Facts The facts of the case were fairly typical.
Published: 13th Mar 2017
Welcome to this, the 19th bulletin from the Housing Team. We hope that you will find the content of interest: if you wish to receive further updates you can subscribe by replying to housing@42br.com New evidence, settled section 204 appeals and costs LB Croydon v. Lopes [2017] EWHC 33 (QB) It is well known that usually
Published: 1st Feb 2017
Welcome to this, the 18th bulletin from the Housing Team. We hope that you will find the content of interest: if you wish to receive further updates you can subscribe by replying to housing@42br.com Forfeiture for non-payment of service charges Last month, we ran a workshop in Chambers exploring the law and procedure of forfeiting a
Published: 9th Jan 2017
Welcome to this, the 17th bulletin from the Housing Team. We hope that you will find the content of interest: if you wish to receive further updates you can subscribe by replying to housing@42br.com Anti-social behaviour injunctions: can the Court rely on historic bad behaviour? Birmingham City Council v Glenn Parode [2016] EWHC 3119 (QB) In
Published: 14th Dec 2016
Welcome to this, the sixteenth bulletin from the Housing Team. We hope that you will find the content of interest: if you wish to receive further updates you can subscribe by replying to housing@42br.com Warrants for Possession Cardiff City Council v Lee (Flowers) [2016] EWCA Civ 1034 The Senior Master has today issued her practice note
Published: 22nd Nov 2016
Welcome to this, the thirteenth bulletin from the Housing Team. We hope that you will find the content of interest: if you wish to receive further updates you can subscribe by replying to housing@42br.com This bulletin discusses the judgment in the case of McDonald (by her litigation friend Duncan J McDonald) v McDonald & others [2016] UKSC 28.
Published: 20th Jun 2016
Welcome to this, our twelfth updating service of 2015 on all issues relating to housing law — whether social or private, landlord or tenant. Here, Niamh O’Brien offers a case law update : Mansing Moorjani v Durban Estates Limited [2015] EWCA Civ 1252 An unusual set of facts permits the Court of Appeal to review the legal basis for damages to be awarded for disrepair to premises let on a long lease.
Published: 22nd Dec 2015
In this issue of 42 Bedford Row's Housing Bulletin Desmond Kilcoyne discuses Section 21 Notices: new law in force.
Published: 10th Nov 2015
In this issue of 42 Bedford Row’s Housing Bulletin Peter Jolley discuses covers changes to the ’section 21 possession procedure' being introduced on 1 October 2015 by the Deregulation Act 2015, specifically restrictions upon certain landlords in using the section 21 procedure if a complaint has been received by their tenant about the condition of the property.
Published: 24th Aug 2015
This bulletin discusses what constitutes a ‘good reason’ for not attending a possession hearing when the Defendant is seeking to set aside the order made in their absence’.
Published: 6th Aug 2015
This bulletin discusses the recent Court of Appeal case of Poshteh v the Royal Borough of Kensington and Chelsea [2015] EWCA Civ 711.
Published: 29th Jul 2015
Topic: The Supreme Court explains the meaning of 'ordinarily resident'
Published: 22nd Jul 2015
Topic: “How should the courts assess whether a homeless applicant is vulnerable and in priority need of housing, with reference to the Housing Act 1996 s.189 (1)(c)?”
Published: 2nd Jul 2015
Topic: Changes to the tenancy deposit protection rules. On 26 March 2015, sections 30 to 32 of the Deregulation Act 2015 came in to force. What are the implications of this for landlords in relation to tenancy deposit schemes?
Published: 2nd Jul 2015
Welcome to this, the second bulletin from the Housing Team. We hope that you will find the content of interest: if you wish to receive further updates you can subscribe by replying to housing@42br.com. Topic: Akerman- Livingstone v Aster Communities Ltd “Can the court summarily dispose of a defence to possession based on an allegation of unlawful
Published: 31st Mar 2015
Welcome to this, the first bulletin of what will be a regular updating service on all issues relating to housing law — whether social or private, landlord or tenant. We hope that you will find the content of interest: if you wish to receive further updates you can subscribe by replying to housing@42br.com “Can a
Published: 4th Mar 2015
The Supreme Court has changed the law about dispensing with the need for consultation for qualifying works or qualifying long term agreements where tenants of residential dwellings have to pay service charges: Daejan v Benson [2013] UKSC 14. The requirements for consultation in the 2003 Regulations (2003 SI 1987) are complex and lengthy. They vary according to
Published: 8th Mar 2013
