Housing law news and comment
Or strictly speaking the ad for me.
I’m due to qualify at the end of September and so I’m hunting for a newly qualified post. Anyone interested in employing an experienced, enthusiastic, dedicated and, casting false modesty to the winds, frankly damn good housing/landlord and tenant solicitor is very welcome to email me at the contact (at) nearlylegal.co.uk address.… Read the full post
Oh dear, oh dear. That could have gone better.
I’m not going to go into great detail on the five separate judgments from the House of Lords in LB Lewisham v Malcolm [2008] UKHL 43, but I do want to look at where it leaves us and what the problems are … Read the full post
Belated, I know, but this is the first chance I have had to really look at the judgment in Weaver (R) v London & Quadrant Housing Trust [2008] EWHC 1377 (Admin).
Ground 8 and Legitimate Expectation
First the substantive ground of challenge – that the use of Ground 8 mandatory possession claims by L&Q Housing Trust amounted to breach of the claimant’s legitimate expectation and/or convention rights.
This was based upon LQHT’s terms and conditions, which said that they would comply with the Housing Corporations regulations and guidance. Housing Corp guidance says that ‘before using Ground 8, associations should first pursue all other reasonable alternatives to recover the debt’. The … Read the full post
I’m afraid that detailed comments on Weaver and Malcolm, let alone anything else will have to wait until the weekend, just in case anyone was looking for them. Actual and very urgent casework has intervened, involving quite the most ridiculous reason given for a s.184 decision of intentional homelessness that I have ever come across. That has accounted for the last couple of evenings.… Read the full post
LB Lewisham v Malcolm [2008] UKHL 43
Court of Appeal thoroughly and unanimously overturned.
The reason for the treatment is the reason in the mind of the landlord, or one which can be imputed to them. So the landlord must be aware or be imputed to be aware of the disability, … Read the full post
Before I even have time to get to grips with Weaver, the House of Lords judgment in Malcolm v Lewisham is out. No time even for a quick look now. Hopefully I’ll get to post something later on.
Judgment just out
Weaver (R) v London & Quadrant Housing Trust [2008] EWHC 1377 (Admin)
Full notes tomorrow, but the headline is:
L&Q is a public authority in its housing function for the purposes of Judicial Review.
Use of ground 8 possession claims is not a breach of legitimate expectation.… Read the full post
Latest Decisions Administrative Court from Bailii Latest Court of Appeal Civil Judgments from Bailii Latest Decisions Supreme Court from Bailii
Recent Comments