Monthly Archive for October, 2006

Divorce for the unmarried.

By NL on 31/10/2006. 0 Comments

Interesting to see the Government publicising proposals for setting up property distribution mechanisms for ex-cohabiting couples somewhat ahead of the Law Commission’s final report.

The Guardian’s paper account, if not its online report, compared the proposals favourably with the difficult, complex and expensive route of a claim in equity on the ex-home by an ex-partner without title, which requires some contribution to deposit, mortgage or household expenses, not to mention evidence of common intention. (I’ve got an equitable interest case underway at present).

I wonder. Clearly the equitable route is difficult, complex and expensive, but how much simpler will the new routes be, specifically for childless couples, whom the … Read the full post

Posted in Housing law - All and Trusts and Estoppel. Tags: .

A positive duty

By NL on 31/10/2006. 0 Comments

The Law Society’s Defending Legal Aid campaign. Go here and sign up.… Read the full post

Posted in Various (non-housing). Tags: , , .

Don't get too oppositional

By NL on 27/10/2006. 0 Comments

Tessa Shepperson, in an introduction to a Q&A makes a sound point that I think those of us who spend much of their time opposing local authorities tend to forget, which is that the Local Council’s tenancy relation services, environmental or housing advice services can be effective in illegal eviction or harrassment cases for private tenants, and can assist in the early stages of disrepair.

I tend to forget this because I am used to the less effective kinds of local authority behaviour, but I have now been reminded that I have had clients who have benefited from these services in the past and that they are certainly worth trying.… Read the full post

Posted in Assured Shorthold tenancy, Disrepair, Housing law - All and Unlawful eviction and harassment. Tags: , , .

Obvious filler 2

By NL on 27/10/2006. 0 Comments

Part 2 of what is likely to be an intermittent series, appearing when I’m lazy enough and my logs provide material. Yes, it is time for search engine queries that brought people here, answered by Nearly Legal.

And this time round, my earlier advice has been heeded. People have got specific in their searches, very specific. Although, in an illustration of dialectics, specificity seems as doomed to failure as generality.

For instance “sally field naked” is about as specific as you get, and bespeaks a less than idle interest. I almost feel sorry to have not satisfied it. But perhaps this blog could become the top google hit for sally … Read the full post

Posted in Various (non-housing). Tags: , .

Assured trespassers?

By NL on 20/10/2006. 4 Comments

Table of contents for Tolerated Trespassers

  1. Tolerated Trespassers – the aftermath
  2. Tolerated trespassers: A Luta Continua
  3. Postponing Possession. Are you now and have you always been a tenant?
  4. Assured trespassers?
  5. Assured tenant or trespasser? The waiting begins.
  6. Postponed assured trespassers verdict soon(ish).
  7. Permanent trespassers and enforceable possession orders.
  8. More on London & Quadrant v Ansell
  9. White v Knowsley – Court of Appeal Judgment
  10. Reincarnation of Tenancy?
  11. S.85 Application Randomness
  12. Permanent trespassers – a fan letter
  13. Payne-less
  14. Post mortem revival of tenancy
  15. When does enforceability end?

[Amended 21 October]

After a comment from Olamide Sanni, and a significant number of visitors from housing associations/social landlords turning up in my logs, it … Read the full post

Posted in assured-tenancy, Housing law - All and Tolerated trespasser. Tags: , , , .

A percentage game.

By NL on 17/10/2006. 0 Comments

Readers may remember that I was concerned to the point of cyncism about the revelation that the Community Legal Service Direct phone line managed a referral rate to solicitors of 13%.

I have now heard that the contracts for the pilot Community Legal Aid Centres (CLACs), which are intended to be the frontline ‘civil justice’ providers for particularly deprived and service lacking areas, involve a ratio of legal help assistance to funding certificated litigation of 10:1, which is effectively a referral from help to representation of 10%. Remember that this is a contractual rate.
Hmmm. Now granted that a lot of the problems likely to be presented at a CLAC … Read the full post

Posted in Various (non-housing). Tags: , , .

How not to be a landlord

By NL on 14/10/2006. 3 Comments

From a recent case, a fairly textbook example of how not to go about things as a private landlord.

The client was a shorthold assured tenant, with a years’ assured period and a monthly rent. Rent was paid by housing benefit, and the inevitable problems arose (not the client’s fault).

The landlord firstly attempted to give notice by a note. This was invalid in form and was within the assured term (there was no break clause in the tenancy agreement). The Council Tenancy Relations officer told the client this was invalid and to stay.

The landlord came round and behaved in a somewhat threatening manner on a few occasions, then … Read the full post

Posted in Assured Shorthold tenancy, Disrepair, Housing law - All and Unlawful eviction and harassment. Tags: , , .
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