Category Archives: Real Estate & Property Law

Property Section Events at AALS

The Property Section will have two panels at this years AALS Conference in New York. First, on Saturday, from 3:30 – 5:15 p.m., we will have a panel on the Biology of Property Law. The Section business meeting will immediately….. To continue reading this legal news please click Read full information...

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How Far Does a Landowner’s Liability Go?

Landowners’ duty to maintain their premises in a reasonably safe condition has a pretty far reach, but the California Supreme Court recently curbed it. A landowner’s duty extends to all areas that (1) visitors are expressly or impliedly invited to use, and (2) the owner exercises actual or apparent control over. This includes: areas within a building used in common by patrons of several businesses; areas outside the building used by the general public in common with business visitors; and areas of ingress and egress that visitors are implicitly induced to use, such as a walkway or exterior ramp. By contrast, landowners usually aren’t liable for injuries that occur on property that’s not in their possession or control unless they created the condition or had a right to control activities at the site. For example, liability of the property owner or occupant has been denied when the injury occurred on adjacent private property, sidewalk, or beach. So how….. To continue reading this legal news please click Read full information...

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Landlord Law Blog Roundup from 14th May

Thank you to everyone who came along to our Landlord Law Conference on Friday.  It was a great day. We will be publishing some photos and videos we took then soon. But in the meantime – what happened on the blog last week? Monday If you pay your deposit to another tenant can you claim it back from your Landlord? This question came in via my Blog Clinic Fast Track service Tuesday The problems facing tenants wanting to leave their tenancy early Inspired by questions asked by Tenants advised via Tenant Advice Service, I take a look at what tenants can do to make life easier for themselves. Wednesday Foundations of Landlord and Tenant Law Revisited Probably my favourite of the series I have done on this blog, I will be revising and updating it over the next few weeks.  This post introduces the series. Friday Tessa Shepperson Newsround #50 See what’s caught my eye this week in the housing news Further Reading Some ideas about how shipping containers….. To continue reading this legal news please click Read full information...

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Invisible disabilities under the FHA and ADA – when are they really real?

Among the most frustrating claims of disability for landlords, businesses and clear thinking lawyers are those involving mental impairments – invisible disabilities whose very existence is hard to determine. For this blog we’re stepping away from strictly new cases to look at some older cases that help define the circumstances under which a mental impairment like anxiety or depression is truly disabling. The key, we will see, is whether there is a substantial limitation on one or more major life activities. Bialko v. Quaker Oats Co.  434 Fed.Appx. 139 (3rd Cir. 2011) is an employment case under Title I of the ADA, but its reasoning applies to any ADA case because all parts of the ADA share a single definition of disability. The plaintiff claimed to suffer from anxiety and panic attacks. The Court’s analysis began with a simple, critical, and often ignored principle: “To be ‘disabled’ under the ADA requires more than simply a….. To continue reading this legal news please click Read full information...

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Court of Appeal on illegal eviction – quantum and heads of claim.

Smith v Khan (2018) EWCA Civ 1137 Well! It is not often that an illegal eviction case gets to the Court of Appeal, let alone on the tenant’s appeal. But that is what we have here. There are some useful bits along the way, the correction of some errant views in the lower courts, and in the end a less than hugely helpful assessment, which I have some doubts about. Mrs S was the wife of Mr S, married in 2011. (Mrs S had leave to remain in the UK but no recourse to public funds, just to explain some odd bits along the way). In June 2014, Mr S took an assured shorthold tenancy of a flat from Mr K, the landlord for a 12 month term. The rent was paid from Mr S’ housing benefit. In March 2015, Mr S benefits were stopped, without initially telling Mrs S, he left for Scotland, apparently for a plastering job to get money for rent. On 1 April 2015, Mr K handed Mrs S a letter purporting to give Mr S notice to terminate the tenancy. A housing advice centre wrote to Mr K,….. To continue reading this legal news please click Read full information...

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