Monthly Archive for March, 2008

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Oh for heaven's sake!

By NL on 19/03/2008. 0 Comments

So, I have a very busy day, with no time for any considering of judgments. Nonetheless, I am puzzling over the import of a couple of recent decisions for some clients. Then, on the way home, scanning printouts of the cases, what does my mobile’s web browser reveal to me? Two significant Court of Appeal judgments are out.

Porter v Shepherds Bush Housing Association [2008] EWCA Civ 196  on permanent trespassers and Payne v Cooper. Dramatic stuff.

S v Floyd [2008] EWCA Civ 201 (18 March 2008) on DDA and mandatory possession orders. Less dramatic, I think, but some interesting points.

Can’t the higher courts sort out a regular … Read the full post

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

No more than expected

By NL on 17/03/2008. 0 Comments

LSC introduces new IT system to file matter start funding claims. System promptly doesn’t work. Three months later, system still doesn’t work. Any idea when it will work? Errrr no. So we send in Excel forms instead.

LSC says “It’s not working as well as it could but it’s not meltdown or anything. We are now in the process of a recovery strategy”.

My giggles are not enough to stop me being pedantic. Can one actually be ‘in the process of a strategy’? Does this mean ‘in the process of coming up with a strategy’? Or  ‘in the process of implementing a strategy’? Or, more likely both at once, … Read the full post

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

While waiting for Weaver…

By NL on 17/03/2008. 7 Comments

I’m eagerly awaiting the judgment in R(Weaver) v London & Quadrant, but, in one of those quirks of synchronicity, Bailii has just put the Court of Appeal Judgment in Donoghue v Poplar Housing & Regeneration Community Association Ltd & Anor [2001] EWCA Civ 595 up online. It made an interesting re-read, thinking about the issues in Weaver.

I don’t want to rehearse the Donoghue arguments in their entirety. We know the basis of an intertwined history and provision of temporary accommodation post homeless application that the Court held up as the reason for finding public function, and I doubt the HRA arguments are of much use to Weaver, despite (or … Read the full post

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

Hierarchy of Need

By NL on 16/03/2008. 0 Comments

I haven’t posted about the Shelter staff dispute until now, partly because I was hoping it would be resolved and partly because I had little to add.

I have been prodded into posting by a comment by Mark P. As he observes, Shelter management are in the vanguard of the NfP sector in ‘ensuring competitiveness’ in the chase for future competitive bidding for LSC franchises. Shelter’s management rather disingenuously argue that as the frontline services are the major recipient of state funding, it is frontline services that should bear the brunt of the ‘efficiencies’ (link goes to a .doc, courtesy of Nik Nicol).

What Shelter are doing today will … Read the full post

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

Follow-ups

By NL on 13/03/2008. 0 Comments

There have been some very interesting comments on posts from the last week, and further news on the stories, making a catch up post worthwhile.

In no particular order…

I am delighted that Tony Fearnley commented on the Helena Housing v Molyneaux & Mower post. Tony, whom a quick google reveals is from Stephensons Solicitors, acted for Molyneaux and Mower (good work there) and also brings news that Knowsley v White has been joined with L&Q v Ansell for hearing in the House of Lords, listed for 3 days in October 2008. Helena Housing and Payne v Young is getting a lot of attention at the moment (Garden … Read the full post

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

Right to Buy and suitable alternative accommodation

By NL on 13/03/2008. 0 Comments

Where a possession order is sought under Ground 16 Schedule 2 Housing Act 1985 (under-occupation on succession), what happens to the tenant’s right to buy? And is this a factor in weighing the suitability of alternative accommodation and the reasonableness of making an order?

Manchester City Council v Benjamin [2008] EWCA Civ 189, a Court of Appeal judgment out today, has some answers, but far from all of them.

The situation was, briefly, that the Defendant had succeeded to her mother’s secure tenancy of a six bed house. The only occupants, post succession, were the Defendant and her one child, although evidence was heard that she intended to foster. … Read the full post

Posted in FLW case note, Housing law - All, Possession, right-to-buy, secure-tenancy and Succession. Tags: , , , , .

Not for Profits in trouble?

By NL on 10/03/2008. 0 Comments

Madeleine Bunting has an editorial in the Grauniad decrying the civil legal aid reforms, in particular for the effect on the Not for Profits, as well as the ‘paralegal in call centre’ approach.

Apparently Gateshead Law Centre went into receivership last week and Devon (Plymouth?) is on the brink.

As far as I recall, these are both examples of the ‘Not London’ areas that the LSC was insisting would actually see an increase in income from the £171 fixed fee Legal Help. Hmm.

Somehow, I suspect we’ll see more Law Centre closures before too long.… Read the full post

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