Bruton V London And Quadrant Housing Trust
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Bruton V London And Quadrant Housing Trust
is an English land law case that examined the rights of a 'tenant' in a situation where the 'landlord', a charitable housing association had no authority to grant a tenancy, but in which the 'tenant' sought to enforce the duty to repair on the association implied under landlord and tenant statutes. The effect of the case is to create the relationship of ''de facto'' landlord (who does not own a property but houses an occupier in a specific room at a rent) and tenant between the parties. Facts The council gave the London and Quadrant Housing Trust, a charitable association, a licence to use land to accommodate the homeless. For a place at Flat 2, Oval House, Rushcroft Road, in Brixton, London, Mr Bruton agreed with the trust to pay weekly rent for a flat. There was a provision that the council and LQHT had access to the property at limited times. Then he claimed he was a tenant, and the trust had an obligation to repair the flat under the Landlord and Tenant Act 1985 section 11. T ...
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Brixton
Brixton is a district in south London, part of the London Borough of Lambeth, England. The area is identified in the London Plan as one of 35 major centres in Greater London. Brixton experienced a rapid rise in population during the 19th century as communications with central London improved. Brixton is mainly residential, though includes Brixton Market and a substantial retail sector. It is a multi-ethnic community, with a large percentage of its population of Afro-Caribbean descent. It lies within Inner London and is bordered by Stockwell, Clapham, Streatham, Camberwell, Tulse Hill, Balham and Herne Hill. The district houses the main offices of Lambeth London Borough Council. Brixton is south-southeast from the geographical centre of London (measuring to a point near Brixton Underground station on the Victoria Line). History Toponymy The name Brixton is thought to originate from Brixistane, meaning the stone of Brixi, a Saxon lord. Brixi is thought to have ere ...
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LTA 1985
The Landlord and Tenant Act 1985c 70 is a UK Act of Parliament on English land law. It sets bare minimum standards in tenants' rights against their landlords. Background The Landlord and Tenant Act 1985 sets out the rights and responsibilities of both landlord and tenant. Section 11 of the Act sets out who is responsible for repairing a property whilst it is being rented. The Landlord and Tenant Act 1985 refers to all short leases for residential property and tenancies agreed for a period of less than seven years i.e. Assured Shorthold Tenancies. Short leases cover periodic tenancies where the tenant has no fixed term agreement but rents the property on a weekly or monthly basis. This Act came into effect on 30 October 1985 and applies to all short leases (of less than seven years) and periodic tenancies. The Act states that where a short lease of less than seven years or periodic tenancy is in place then the landlord is responsible: 1. to keep in repair the structure and exteri ...
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1999 In Case Law
File:1999 Events Collage.png, From left, clockwise: The funeral procession of King Hussein of Jordan in Amman; the 1999 İzmit earthquake kills over 17,000 people in Turkey; the Columbine High School massacre, one of the first major school shootings in the United States; the Year 2000 problem ("Y2K"), perceived as a major concern in the lead-up to the year 2000; the Millennium Dome opens in London; online music downloading platform Napster is launched, soon a source of online piracy; NASA loses both the Mars Climate Orbiter and the Mars Polar Lander; a destroyed T-55 tank near Prizren during the Kosovo War., 300x300px, thumb rect 0 0 200 200 Death and state funeral of King Hussein rect 200 0 400 200 1999 İzmit earthquake rect 400 0 600 200 Columbine High School massacre rect 0 200 300 400 Kosovo War rect 300 200 600 400 Year 2000 problem rect 0 400 200 600 Mars Climate Orbiter rect 200 400 400 600 Napster rect 400 400 600 600 Millennium Dome 1999 was designated as the Intern ...
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House Of Lords Cases
A house is a single-unit residential building. It may range in complexity from a rudimentary hut to a complex structure of wood, masonry, concrete or other material, outfitted with plumbing, electrical, and heating, ventilation, and air conditioning systems.Schoenauer, Norbert (2000). ''6,000 Years of Housing'' (rev. ed.) (New York: W.W. Norton & Company). Houses use a range of different roofing systems to keep precipitation such as rain from getting into the dwelling space. Houses may have doors or locks to secure the dwelling space and protect its inhabitants and contents from burglars or other trespassers. Most conventional modern houses in Western cultures will contain one or more bedrooms and bathrooms, a kitchen or cooking area, and a living room. A house may have a separate dining room, or the eating area may be integrated into another room. Some large houses in North America have a recreation room. In traditional agriculture-oriented societies, domestic animals such a ...
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English Property Case Law
English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national identity, an identity and common culture ** English language in England, a variant of the English language spoken in England * English languages (other) * English studies, the study of English language and literature * ''English'', an Amish term for non-Amish, regardless of ethnicity Individuals * English (surname), a list of notable people with the surname ''English'' * People with the given name ** English McConnell (1882–1928), Irish footballer ** English Fisher (1928–2011), American boxing coach ** English Gardner (b. 1992), American track and field sprinter Places United States * English, Indiana, a town * English, Kentucky, an unincorporated community * English, Brazoria County, Texas, an unincorporated community * Engli ...
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Family Housing Association V Jones
Family (from la, familia) is a group of people related either by consanguinity (by recognized birth) or affinity (by marriage or other relationship). The purpose of the family is to maintain the well-being of its members and of society. Ideally, families offer predictability, structure, and safety as members mature and learn to participate in the community. Historically, most human societies use family as the primary locus of attachment, nurturance, and socialization. Anthropologists classify most family organizations as matrifocal (a mother and her children), patrifocal (a father and his children), conjugal (a wife, her husband, and children, also called the nuclear family), avuncular (a man, his sister, and her children), or extended (in addition to parents and children, may include grandparents, aunts, uncles, or cousins). The field of genealogy aims to trace family lineages through history. The family is also an important economic unit studied in family economics. The ...
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Westminster City Council V
Westminster is an area of Central London, part of the wider City of Westminster. The area, which extends from the River Thames to Oxford Street, has many visitor attractions and historic landmarks, including the Palace of Westminster, Buckingham Palace, Westminster Abbey, Westminster Cathedral and much of the West End shopping and entertainment district. The name ( ang, Westmynstre) originated from the informal description of the abbey church and royal peculiar of St Peter's (Westminster Abbey), west of the City of London (until the English Reformation there was also an Eastminster, near the Tower of London, in the East End of London). The abbey's origins date from between the 7th and 10th centuries, but it rose to national prominence when rebuilt by Edward the Confessor in the 11th. Westminster has been the home of England's government since about 1200, and from 1707 the Government of the United Kingdom. In 1539, it became a city. Westminster is often used as a metonym to ...
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Westminster City Council V Clarke
Westminster is an area of Central London, part of the wider City of Westminster. The area, which extends from the River Thames to Oxford Street, has many visitor attractions and historic landmarks, including the Palace of Westminster, Buckingham Palace, Westminster Abbey, Westminster Cathedral and much of the West End shopping and entertainment district. The name ( ang, Westmynstre) originated from the informal description of the abbey church and royal peculiar of St Peter's (Westminster Abbey), west of the City of London (until the English Reformation there was also an Eastminster, near the Tower of London, in the East End of London). The abbey's origins date from between the 7th and 10th centuries, but it rose to national prominence when rebuilt by Edward the Confessor in the 11th. Westminster has been the home of England's government since about 1200, and from 1707 the Government of the United Kingdom. In 1539, it became a city. Westminster is often used as a metonym to ...
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Street V Mountford
is an English land law case from the House of Lords. It set out principles to determine whether someone who occupied a property had a tenancy (i.e. a lease), or only a licence. This mattered for the purpose of statutory tenant rights to a reasonable rent, and had a wider significance as a lease had "proprietary" status and would bind third parties. Lord Templeman held that the defining feature of a lease was exclusive possession, despite the fact that this view had been rejected and heavily criticised in a number of Court of Appeal cases previously, for example in the judgment of Denning LJ in '' Errington v Errington''. Facts On 7 March 1983, Roger Street, a Bournemouth solicitor, gave rooms 5 and 6 in No 5 St Clement’s Gardens, Boscombe to Mrs Wendy Mountford for a ‘licence fee’ of £37 a week, terminable on fourteen days’ notice. Mrs Mountford also signed a form saying she understood the Rent Act 1977 did not apply to regulate her rental payments. The Rent Act 1977 at ...
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Lord Hoffmann
Leonard Hubert "Lennie" Hoffmann, Baron Hoffmann (born 8 May 1934) is a retired senior South African–British judge. He served as a Lord of Appeal in Ordinary from 1995 to 2009. Well known for his lively decisions and willingness to break with convention, he has had an especially large impact on the interpretation of contracts, shareholder actions in UK company law, in restricting tort liability for public authorities, human rights and intellectual property law, in particular patents. Currently, he serves as a Non-Permanent Judge of the Court of Final Appeal of Hong Kong. Early life Born 8 May 1934 in Cape Town, Leonard Hubert Hoffmann was the son of a well-known solicitor who co-founded what has become Africa's largest law firm, Edward Nathan Sonnenbergs. Education He was educated at the University of Cape Town and then attended The Queen's College, Oxford, as a Rhodes Scholar, where he studied for the BCL degree and won the Vinerian Scholarship. Between 1961 and 1973, ...
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Judicial Functions Of The House Of Lords
Whilst the House of Lords of the United Kingdom is the upper chamber of Parliament and has government ministers, it for many centuries had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachments, and as a court of last resort in the United Kingdom and prior, the Kingdom of Great Britain and the Kingdom of England. Appeals were technically not to the House of Lords, but rather to the King-in-Parliament. In 1876, the Appellate Jurisdiction Act devolved the appellate functions of the House to an Appellate Committee, composed of Lords of Appeal in Ordinary (informally referred to as Law Lords). They were then appointed by the Lord Chancellor in the same manner as other judges. During the 20th and early 21st century, the judicial functions were gradually removed. Its final trial of a peer was in 1935, and in 1948, the use of special courts for such trials was abolished. The procedure of impeachment became seen as obsolete. In 2009, t ...
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Nemo Dat Quod Non Habet
''Nemo dat quod non habet'', literally meaning "no one can give what they do not have", is a legal rule, sometimes called the ''nemo dat'' rule, that states that the purchase of a possession from someone who has no ownership right to it also denies the purchaser any ownership title. It is equivalent to the civil (continental) ''Nemo plus iuris ad alium transferre potest quam ipse habet'' rule, which means "one cannot transfer to another more rights than they have". The rule usually stays valid even if the purchaser does not know that the seller has no right to claim ownership of the object of the transaction (a ''bona fide'' purchaser); however, in many cases, more than one innocent party is involved, making judgment difficult for courts and leading to numerous exceptions to the general rule that aim to give a degree of protection to ''bona fide'' purchasers and original owners. The possession of the good of title will be with the original owner. United States In American law, a ...
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