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Landlord & tenant

13 January 2017
Issue: 7729 / Categories: Case law , Law digest , In Court
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Kateb v Howard de Walden Estates Ltd and another [2016] EWCA Civ 1176, [2016] All ER (D) 42 (Dec)

 

The Court of Appeal held that the proper construction of para 7 of Sch 11 to the Leasehold Reform Housing and Urban Development Act 1993 was to give “other” landlords, as defined under the Act, a right to be represented and heard in tribunal proceedings, but nothing more. Consequently, the court dismissed the claimant intermediate landlord’s appeal, and upheld the finding of the First-tier Tribunal (Property Chamber) that an agreement between the competent landlord and the tenant was binding upon the claimant, notwithstanding the fact that she had exercised her right to be separately represented.

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MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
Pension sharing orders (PSOs) have quietly reached their 25th anniversary, yet remain stubbornly underused. Writing in NLJ this week, Joanna Newton of Stowe Family Law argues that this neglect risks long-term financial harm, particularly for women
A school ski trip, a confiscated phone and an unauthorised hotel-room entry culminated in a pupil’s permanent exclusion. In this week's issue of NLJ, Nicholas Dobson charts how the Court of Appeal upheld the decision despite acknowledged procedural flaws
Is a suspect’s state of mind a ‘fact’ capable of triggering adverse inferences? Writing in NLJ this week, Andrew Smith of Corker Binning examines how R v Leslie reshapes the debate
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
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