Monthly Archive for October, 2008

ASBOs for all!

By J on 31/10/2008. 8 Comments

Birmingham City Council v (1) Shafi (2) Ellis [2008] EWCA Civ 1186

This is a complicated case, focusing much more on local government law than on housing law per se, but there are some significant implications for housing lawyers. We’ve already had one request to blog this case and I hope you’ll see why.

Section 222(1)(a) of the Local Government Act 1972 confers on local authorities in England and Wales the right and power to “prosecute or defend or appear in any legal proceedings and, in the case of civil proceedings… [to] institute them in their own name.” One of the effects of this is to allow a local … Read the full post

Posted in ASB, FLW case note and Housing law - All. Tags: , , .

Varying an ASBO – an (un)appealing option

By J on 31/10/2008. 1 Comment

We here at NL still haven’t decided how much ASB law to cover on the blog. On the one hand, only possession proceedings and s.153A-E Housing Act 1996 injunctions could be said to be ‘true’ housing law. But, on the other, ASB remedies are, to a very significant extent, conferred on public sector landlords, with the clear implication that they’re to be used as one of the range of remedies against/for the benefit of ones own tenants. If readers have any strong views about whether we should include more or less ASB cases, please let us know. We can’t guarantee to blog everything, but it’d be interesting to know what … Read the full post

Posted in ASB, FLW case note and Housing law - All. Tags: , , , .

Deposits – another County Court decison

By NL on 30/10/2008. 2 Comments

Tessa Shepperson at Landlord Law has a report from a landlord’s solicitor on another tenancy deposit case in the County Court, this time Bedford County Court.

In short, the Court found that payment of the deposit and provision of the required information by the landlord prior to the issue of a claim (and, County Court obiter, prior to hearing of the claim) meant that a claim for 3x the deposit failed. This claim was struck out under CPR 24. Note that this was after the landlord had failed to put the deposit into a scheme for over 13 months.

A practically interesting side point is that, because the tenancy had … Read the full post

Posted in Assured Shorthold tenancy, Deposits and Housing law - All. Tags: , , , .

On ramps and suitability

By NL on 29/10/2008. 4 Comments

Boreh v London Borough of Ealing [2008] EWCA Civ 1176 was an appeal from a s.204 appeal of a s.202 review that upheld a finding that a property offered in discharge of s.192(3) duty was suitable.

Mrs Boreh was owed the full housing duty by Ealing. Ealing offered a property in discharge of that duty, which Mrs Boreh rejected as unsuitable. Ealing found on review that it was. Mrs Boreh is significantly disabled, uses a wheelchair and cannot stand unaided for more than 2 minutes.

Her daughter saw the property on her behalf and rejected it, giving a number of reasons. of these, the one that remained significant on appeal … Read the full post

Posted in FLW case note, Homeless and Housing law - All. Tags: , , , .

Manchester CC v Moran – Lords appeal

By NL on 29/10/2008. 0 Comments

One of Nearly Legal’s band of information elves (sorry H) brings news that Sharon Moran in Manchester City Council v Moran [2008] EWHC Civ 378 has been given leave to appeal to the Lords. This was the important Court of Appeal case on women’s refuges and homelessness that we previously reported. I am also, via another route, reliably informed that Richards, the respondent in the joined case at the Court of Appeal, has not sought permission.… Read the full post

Posted in Homeless and Housing law - All. Tags: , , .

Trying to avoid Council Tax liability by not being a tenant

By NL on 28/10/2008. 0 Comments

In what might be described as an audacious, or perhaps foolhardy, appeal from the Valuation Tribunal, Mr Jackson sought to challenge his liability to pay Council Tax in Jackson v Cambridge City Council [2008] EWHC 2529 (Admin). Normally, this wouldn’t concern us here, but Mr Jackson’s grounds of appeal bring the case inside the wobbly boundaries of Nearly Legal.

Mr Jackson had taken a 6 month assured shorthold tenancy. He claimed he did not move in but promptly sub-let it to four other people, each with their own room, in breach of the tenancy agreement. He paid the rent to the managing agents for the next four years or so, … Read the full post

Posted in Assured Shorthold tenancy, FLW case note and Housing law - All. Tags: , , , .

Taking your time

By J on 27/10/2008. 0 Comments

Yorkshire Bank Finance Ltd v Mulhall & anor [2008] EWCA Civ 1156

How long does a creditor who has the benefit of a charging order have to enforce that charge? In particular, if a creditor allows more than 12 years to pass after securing the charging order, can the debtor apply to have it set aside?

Mr & Mrs Mulhall had provided a guarantee to the bank in respect of some company borrowings. The company defaulted and the bank sought to enforce the guarantee. Judgment in default was obtained, followed by interim and final charging orders. The final order was made on 25 June 1991.

In January 2007, Mrs Mulhall … Read the full post

Posted in FLW case note, Housing law - All and Mortgage possession. Tags: , .
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