Let us say you were a large US company, looking to throw around your intellectual property muscle for a quick buck by putting a licensing squeeze on small companies. If so, it is probably best not to pick on a small tech company headed by an ex-litigator [link is lengthy but funny].… Read the full post
Monthly Archive for April, 2008
Page 2 of 4
Manchester City Council v Moran & Richards v Ipswich Borough Council [2008] EWCA Civ 378
This is a very important Court of Appeal judgment, which will have significant impact on Women’s Refuges and women fleeing domestic violence.
These were two appeals, conjoined, both featuring women whose stay at refuges had been ended following incidents and who faced findings of intentional homelessness on homeless applications as a result. The difference was that Moran had the decision as s.184 decision on application as homeless after leaving the refuge and the other, Richards, had been in the refuge after an application and acceptance of duty, with the refuge as temporary accommodation under s193 … Read the full post
Just a quick note to say that Housed has a report on a County Court judgment on a claim for failure to put deposit in scheme and notify tenant within 14 days. (Stankova v. Glassonbury 10th March 2008, Gloucester County Court. Initial report apparently via Consumer Action, no reference or link)
Result – mandatory 3 x deposit award, with no set off against arrears (because mandatory). It didn’t matter that the landlord had very belatedly put the deposit in a scheme, or that the tenant had left after s.21 notice, or that that the landlord raised deductions from the deposit at Court. The court was apparently persuaded that deductions were … Read the full post
London Borough of Wandsworth v Allison [2008] EWCA Civ 354 is a Court of Appeal judgment on an appeal from a s.204 Housing Act 1996 appeal. It was made in downright odd circumstances, as the respondent had won the s.204 appeal but then had public funding withdrawn, for being out of the country, not long before the Court of Appeal heard Wandsworth’s appeal. The appeal went ahead, with the respondent not present or represented. Instead the Court had Counsel for the respondent’s early skeleton and asked Counsel for the applicant to give it the arguments the respondent might have made (!!).
I’m not going into detail on the facts of … Read the full post
Or ‘On the Naughty Step…’
Thanks to Mark P for the idea, I bring you news of scandal and criminality from the world of housing, albeit with only the most tangential relationship to housing law.
Gentoo, a Sunderland based RSL and its CEO, Peter Walls, won a £100,000 libel judgment against a website called Dads Place and specifically John Finn, the owner of rival housing firm Pallion and a former local council candidate. The anonymous website had been posting “seriously defamatory allegations ranging from corruption to nepotism and the promotion of female employees in return for sexual favours” said Gentoo’s Counsel. Pallion owned numerous properties in areas earmarked for demolition … Read the full post
More brief but hopefully helpful replies to the civil litigation and housing questions that brought searchers to Nearly Legal. As ever, nothing of what follows should be taken as legal advice and no action should be taken without obtaining full legal advice.
what does mandatory possession mean
It means that if the ground is successfully made out, the court has no option but to grant an outright possession order, no matter what the circumstances.
possible defences for a tenant of rent arrears the mandatory ground housing law
Presumably ground 8. There aren’t many defences. The list is:
- technical defences (Notice not served or technically inadequate, claim doesn’t contain required details
It may have taken nearly a year after Margaret Hodge’s ‘they come over here taking our housing’ outburst, but it turns out that she was wrong (and I was right, so there).
The early findings of a major survey into social housing allocation ordered by the Equality and Human Rights Commission are that:
There is no evidence in the research of any abuse of the system including “queue jumping” to the significant detriment of any group, including white families.
and that
new migrants made up less than 2 per cent of the total number of people in social housing throughout the UK. Around 90 per cent of those living
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