“Analysis” on Radio 4 yesterday was presented by Richard Reeves of Demos and was entitled “Anti-Social Housing.” The thesis is that social housing has failed everyone. Thanks to the Iplayer, you can listen online here.… Read the full post
Monthly Archive for February, 2009
R (Ariemuguvbe) v LB Islington (2009) QBD (Admin) 24/02/09 [just on Lawtel, not on Bailii yet - what's up with Bailii?] concerned the meaning of ‘household’ for the purposes of Part VI Housing Act 1996.
A. had applied to Islington as homeless and Islington had accepted the full housing duty. A. and her family were temporarily accommodated in a three bed property. The family comprised A., her husband, her five adult children and three grandchildren. The five adult children were all subject to immigration control.
A. then applied under Part VI for permanent accommodation. Islington offered a two bedroom property on the basis that it was inappropriate to take the … Read the full post
Cambridge City Council v Joyce
No link for this one, but it was noted on Lawtel this morning and has been reported as [2009] All ER (D) 234 (Feb). Mr Joyce was a secure tenant of one of Cambridge’s properties. His tenancy contained conditions not to harass anyone or to do anything on or around the property which would annoy others. He became subject to a restraining order not to contact or take photos of his neighbours. Presumably this didn’t have the desired effect as an injunction was taken against him to prevent him committing an annoyance or using surveillance equipment on his road, or from using violence or intimidating … Read the full post
The Court of Appeal are in the middle of hearing the appeal in R(Weaver) v L&Q – yesterday and today, (Housing Associations as public bodies for JR/HRA purposes). As ever, news on the judgment will be posted as soon as we have it.… Read the full post
Cheval Bridging Finance Ltd v Bhasin and others [2009] EWCA Civ 1613.
Mrs Bhasin had lived at 9 Long Acre Drive since May 1975. Initially, she was a tenant of the local authority but, in c.1988, she purchased the property under the “Right To Buy” scheme and it was registered in her sole name.
Some years later, she married Mr Bhasin, who moved in to the property and, in 2003, she took out a mortgage with I Group for some c.£210,000 in order to fund the development of an “granny flat” for her mother to live in.
In late 2003 or early 2004, Mr Bhasin left the family home and … Read the full post
With thanks to Christopher Stockdale at John Barkers of Grimsby, we have had news of another Shorthold Assured Tenancy deposit case, Piggott v Slaven, Great Grimsby County Court 23 February 2009.
This one is of particular interest as the issue at stake was whether there was deposit at all, or just an advance payment of rent. There are a couple of side issues – one on transfer of deposit from one tenancy to another and the other on technical validity of notice. This is a County Court decision by a District Judge, so no precedents set, but the logic on the deposit question looks good to me.
The facts … Read the full post
A case appearing on my radar, though one that may not excite many readers is Landlord Protect Limited v St Anselm Development Company Limited [2009] EWCA Civ 99. A case concerning whether a landlord has imposed an unreasonable condition for a consent to assign.
The relevant covenant in the lease was as follows:
…not to assign part or parts only of the demised premises and not to underlet or part with possession or assign the whole of the demised premises without the consent in writing of the Landlord first had and obtained but such consent shall not be unreasonably withheld in the case of a respectable and responsible assignee or
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