Monthly Archive for May, 2007

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Riverside Housing v White, House of Lords

By NL on 13/05/2007. 0 Comments

The Court of Appeal judgment in Riverside suggested that if rent increases hadn’t been levied pretty much exactly as per any provision in the tenancy agreement, those increases were invalid. Riverside had levied rent increases later than the date specified in the tenancy agreement. This was a rent arrears possession case and the arrears were reduced considerably by this.

It wasn’t something that came up very often – I’ve not seen a case – but was always worth checking, particularly in ground 8 cases.

Now the House of Lords has allowed Riverside’s appeal and largely overturned the Court of Appeal. (Riverside HA v White and another [2007] UKHL 20… Read the full post

Posted in assured-tenancy, FLW case note, Housing law - All and Possession. Tags: , , , , , .

A Public Apology…

By NL on 11/05/2007. 0 Comments

… to Oliver Heald MP, Shadow Secretary of State for Constitutional Affairs.

Four posts ago, I wrote a distinctly sceptical response to a comment from Oliver Heald on my post about the report of the Consitutional Affairs Committee on the legal aid reforms. In that response, I a) doubted it came from Oliver Heald in person, b) suggested it was an example of developments in party campaigning and c) doubted I’d get any response.

In what is, in the circumstances, a distinctly good humoured and reasonable reply, Oliver Heald today commented on that post as follows:

I personally posted some comments on a few blogs after the Select Committee

… Read the full post

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

Mature entrants article – noted in passing

By NL on 09/05/2007. 0 Comments

Quite an interesting piece on Lawcareers net on 30+ entrants. The piece naturally holds up a couple of exceptions as examplars, while the individuals concerned rightly note the difficulties, but overall, if one discounts a certain amount of positivity, this strikes me as not a bad piece at all. The comments made by the interviewees ring true to my experience and their advice is realistic, if city focussed.… Read the full post

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

Farewell then… (Part 1 hopefully).

By NL on 09/05/2007. 0 Comments

To the DCA, now part of the thoroughly Orwellian overtoned, or is that Pétain-ist Ministry of Justice (at justice.gov.uk, no less).

I don’t, in principle, object to the partition of the Home Office, but that was worryingly quick. Either the assorted departments were already so distinct that it was merely a matter of peeling back a couple of bits of sellotape, or there hasn’t been time to properly constitute the new Ministries. Ho hum, rushed and poorly thought through implementation of a not too bad idea, how familiar from this government.

[Edit, Read the full post

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

Oooh Shiny

By NL on 07/05/2007. 0 Comments

How did I spend the bank holiday?

A new wordpress theme (self-modified K2), new layout and some very shiny additional toys.

Try, for instance, the search box at the top right. Oh yes – direct page update ajaxy goodness.

Likewise try the archive page (via the top menu), then try selecting date (and sub date) or categories (and sub category. Again instant update fabulousness thanks to ajax. [Having the archives effects turned on broke the permanent link structure. Sorry to anyone affected. Links to posts here should work again now. 9/5/07]

It has taken a day and a bit of fiddling to get it all to work, and it does … Read the full post

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

As read by the Shadow Cabinet

By NL on 06/05/2007. 0 Comments

The release of the final report of the Parliamentary Consitutional Affairs committee on the DCA/LSC proposed changes to legal aid funding was, I thought, an important moment in the wrestle over the future of legal aid. So I posted about it.

Imagine my surprise when, a day later, the post received a comment from “Oliver Heald MP, Shadow Secretary of State for Constitutional Affairs”. The comment can be seen here.

I must confess my first reaction was suspicion, so I did a quick ‘whois’ on the IP address of the commenter. It was indeed from a parliament.gov address. My second reaction, I am slightly ashamed to say, was pride … Read the full post

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

White v Knowsley – Court of Appeal Judgment

By NL on 02/05/2007. 0 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?

Given today and no surprises.

The upshot is that assured tenants and secure tenants are in exactly the same position in regard to suspended possession … Read the full post

Posted in FLW case note, Housing law - All, Possession, secure-tenancy and Tolerated trespasser. Tags: , , .
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