Civil way: 8 July 2016

08 July 2016 / Stephen Gold

Issue: 7706 / Categories: Features , Civil way

Landlords bless Supreme Court.
Sherlock Holmes wrong on fact finding.
New service charge code.
Legal aid goes soft on MIAMs.
London more expensive.
Direct access: ecstasy and agony.

PHEW!

Private landlords have escaped. Where it is a public authority seeking possession of premises, the occupier can defend on the ground of proportionality (Manchester City Council v Pinnock [2010] UKSC 45, [2011] 1 All ER 285). The Supreme Court scotched the idea that the same defence could be run with a private tenancy on 15 June 2016 in McDonald v McDonald and others [2016] UKSC 28, [2016] All ER (D) 81 (Jun) in which even the Residential Landlords Association poked in its nose as intervener in writing. Private landlords do deserve a break what with retaliatory eviction, the deposit protection minefield, a prescribed notice under s 21 of the Housing Act 1988 and more traps than a mice farm on April Fool’s Day to contend with (see Civil Way 165 NLJ 7671, p 17, 165

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Civil way: 8 July 2016

Landlords bless Supreme Court.
Sherlock Holmes wrong on fact finding.
New service charge code.
Legal aid goes soft on MIAMs.
London more expensive.
Direct access: ecstasy and agony.

PHEW!

If you are not a subscriber, subscribe now to read this content

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...or Register for two weeks' free access to subscriber content

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Civil way: 8 July 2016

MOVERS & SHAKERS

DWF—19 appointments

Cadwalader—Andro Atlaga

Knights—Ella Dodgson & Rebecca Laffan