Ok, I’m angry again. It’s really out of character as I’m usually very mild mannered. Here’s a question: what do you do if you’ve paid a group of people over around 10 years to come up with a series of proposals to regulate renting relationships (ie the Law commission) but you can’t live with their final reports? Well, you could do nothing, which was the government’s preferred strategy, but a lot of people out there think that the Law Commission’s suggestions were pretty sensible (although I’m in the “some good, some daft” category) and those people are beating the drum. Alternative strategy: pay somebody else to come up with a … Read the full post
Monthly Archive for October, 2008
Page 2 of 4
Parris v Williams [2008] EWCA Civ 1147 was an appeal against an order that Mr Williams had 100% beneficial interest in one of two flats to which legal title was held by Mr Parris. It is of interest because it contains a challenge to the ways in which a constructive trust can be found to arise.
The facts were, briefly, that Mr Parris and Mr Williams were friends. Mr Williams was subject to an IVA. Mr Parris bought two flats (originally knocked into one, but a dividing wall was put up shortly after purchase). Mr Williams contributed nothing to the purchase monies and the mortgages were paid by rent from … Read the full post
Truro Diocesan Board of Finance Ltd v Foley [2008] EWCA Civ 1162
In March 1987 Mr Foley became the tenant of a property owned by the predecessor in title of the Board. In 2000, the Board sought possession of the property. They contended that Mr Foley was a protected shorthold tenant (within the meaning of s.52 Housing Act 1980). Mr Foley resisted the proceedings and contended that he was in fact a Rent Act tenant.
The proceedings were settled on 20 September 2001. It was agreed that Mr Foley was a protected shorthold tenant. It was further agreed that Mr Foley would give up possession of the property within … Read the full post
The Civil Justice Council has finally published the “Pre-action Protocol for Possession Claims based on Mortgage or Home Purchase Plan Arrears in in Respect of Residential Property” and have done so with an array of press releases (CJC here, HM Treasury here). It comes into effect on November 19. The PM heralded it at question time in the Commons (as to which, see further below). It has considerable potential to go well beyond what has already been announced in terms of support for home owners (eg new rules on support for mortgage interest), but, unless my printer hasn’t printed it out correctly and my computer … Read the full post
Or the story of the warrant request that wasn’t there.
Hallam-Peel & Co v London Borough of Southwark [2008] EWCA Civ 1120 is a second appeal from a wasted costs order against Hallam-Peel, a legal aid housing firm, made during stay of warrant proceedings at Lambeth County Court.
Hallam-Peel were acting for the applicant. Before and at the first hearing, an question was raised about whether the warrant had been applied for within 6 years of the date of the possession order (hence not needing permission). Counsel for the applicant was apparently told or shown (not clear) that the request for the warrant was made within time. The hearing was … Read the full post
There are supposed to be, currently, 1.6 million families (or 4 million people) waiting for social housing. This is expected to rise.
But, in an unexpected perk of the crisis of global capitalism, 335 of those families might get somewhere thanks to the buyout of unsold developers’ stock by HMG. This is a £13 million pound tranche of what is apparently a £200 million fund to buy up unsold private built stock for social housing. So far this has bought up 2000 homes, we are told (1665 before this announcement, then).
I’m a little curious about the figures. 335 homes for £13 million equates to about £39,000 per site. … Read the full post
Simms v London Borough of Islington [2008] EWCA Civ 1083 is Court of Appeal case from a s.204 appeal.
The issue was vulnerability, the Pereira test, and the use of medical evidence.
Mr Simms was homeless,sleeping in his car, having lost his home after losing his job. He had an addiction to crack, asthma and suffered from depression and panic attacks. He applied to Islington as homeless, with support from Addaction Hackney, which pointed out the dangers of homelessness for his progress in drug treatment. His doctor first reported moderate depression and drug use.
At s.184 Islington found not vulnerable, following the recommendation of their medical advisor, who had not … Read the full post
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