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Service Charges – What work is included

Service charge clauses will generally include an obligation to pay a proportion of the cost of repairing and maintaining the common parts of the building and any other parts for which the landlord retains responsibility (e.g. the structure and exterior). The nature of the work covered by the obligation is a question of construction of the ...

English Law explained for Non-Lawyers

Thanks to @ddortongibson for pointing this out. Although this case is not a housing case (it was a family "relocation" case), a non-lawyer was assisting with the case. Lord Justice Wall explained in excellent simple to understand terms the law of precedent and appeals of English law. Below is a taken from the transcript. BD v AID EWCA Civ ...

OFT v Foxtons – The Final Order

Thanks to the Painsmith blog. Original article here The final sealed order in the OFT v Foxtons case has been made available on the OFT website. A copy can be found here. This order gives effect to the judgement of the High Court and is now the final word on the matter as Foxtons have withdrawn their appeal. There are some interesting ...

Notices to Quit

Once again, thanks to the Painsmith Solicitor Blog for this article, original article here A recent Court of Appeal decision sheds light on issues relating to Notices to Quit by tenants. In Bradford Community Housing Ltd v Hussain & Kauser the Court of Appeal ruled on the validity of a Notice to Quit which contains a saving provision

Emails as contracts

This article taken with thanks from the Painsmith Solicitors blog. Original article here In University of Plymouth v European Language Centre Ltd EWCA Civ 784 the Court decided that in legally binding e-mail correspondence it is essential to have an unequivocal offer and acceptance, together with agreed contract terms. In the case itself , ...

The Spirit of the Legislation

Please note: if any case is on or after 6 April / 6 May 2012 this article might not be reliable After the handing down of the judgement in Draycott v Hannells 2010,it would seem clear as long as deposit has been protected, albeit late, there is a good possibility that a landlord can avoid the penalty provisions of the tenancy deposit scheme ...

Draycott v Hannells 2010

Please note: if any case is on or after 6 April / 6 May 2012 this may not be reliable although some parts should remain useful. Thanks to Painsmith blog for bringing this to everyone's attention. Draycott v Hannells Lettings Ltd EWHC 217 (QB) At the time of writing this article, this is the first binding decision on tenancy deposit schemes

Saad v Hogan 2009

Saad v Hogan Brentford County Court, 16 February 2009 (appeal heard in the County Court) Mr Saad (landlord) entered into a tenancy with Ms Hogan (tenant). The tenancy was for one year at a rent of £1,000 per calendar month. A deposit of £1,000 was paid. In November 2007, after the tenancy deposit legislation came into effect, Mr Saad granted ...

Piggott v Slaven 2009

Piggott V Slaven Great Grimsby County Court, 23 February 2009 Mr Piggott granted a tenancy to Ms Slaven in 2005. She paid a deposit of £600.00 for this tenancy. On 14 February 2008, another tenancy was granted for a different property. £75.00 from the earlier deposit was repaid to Ms Slaven. The balance of £525.00 was held by Mr Piggott. He ...

Statutory Periodic Tenancy

Introduction A statutory periodic tenancy is what happens to an assured or assured shorthold tenancy when the tenancy ends. One important note is that if the tenancy has a term to the effect that the tenancy continues as a periodic tenancy after the end of the fixed term, no statutory periodic tenancy arises because the tenancy does not ...