Monthly Archive for March, 2009

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Judicial Review costs

By NL on 25/03/2009. 0 Comments

Mendes & Anor v Southwark LBC (2009) CA (Civ Div) 24/03/09 [not on Bailii], is a useful case for those representing JR claimants. The report is on Lawtel.

Southwark had made an erroneous decision on Mr Mendes’ eligibility for housing assistance under Part VII. Mr Mendes applied for permission for judicial review. Before the matter went to hearing, Southwark conceded the error and that Mr Mendes was entitled to accommodation and Mr Mendes agreed to withdraw the JR by consent. At costs hearing, the Judge made no order for costs on the basis there was no good reason to award costs. Mr Mendes appealed.

Held: In this case Southwark had … Read the full post

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

The end of tolerated trespassers delayed a bit.

By NL on 24/03/2009. 3 Comments

News just in – the government has announced that the date for the implementation of s.299 H&R Act 2008 – which brings in ‘replacement’ tenancies has been delayed from 6 April 2009, when we thought it was going to happen, to ‘early May’. This is apparently so that the Order on successor landlords can be scrutinised by Parliament and come into force at the same time. More detail on the successor landlords order and implementation dates to follow as and when.… Read the full post

Posted in Housing law - All, secure-tenancy and Tolerated trespasser. Tags: , , , .

Now this is interesting…

By J on 23/03/2009. 4 Comments

The Observer had a very interesting article yesterday, which can be found here.

It concerned the complaint by Andrew Brown (not his real name) to the Financial Ombudsman Service. Mr Brown was a tenant of a housing association who was persuaded by a mortgage adviser to take out a mortgage and purchase the property (presumably under the terms of a preserved RTB). The mortgage had an attractive initial rate and then (can you tell what it is yet?) the interest rate shot up. Mr Brown was unable to service the debt and was ultimately repossessed.

The article suggests that he then complained to the FOS, arguing that the mortgage … Read the full post

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

Carry me out feet first

By NL on 21/03/2009. 0 Comments

Second of the Ground 16 cases is London Borough of Brent v John Hodson [2009] EWHC 566 (QB) [Not on Bailli yet]. This was decided in January but only released in the last day or so. This is an appeal to the High Court on issues of availability of suitable accommodation for determining reasonableness of a possession order.

Mr Hodson was the successor tenant to his father. The property was a two bedroom flat and Mr Hodson, aged 63, now lived there alone. Mr Hodson had lived in the flat with his family between 1968 and the late 1980s and had moved back in in about 2000. Mr Hodson’s father … Read the full post

Posted in Housing law - All, Possession and secure-tenancy. Tags: , , , .

Appealing reasonableness decisions

By NL on 21/03/2009. 0 Comments

This is the first of two appeals on Ground 16 possession claims which came out today, both concerning whether it was reasonable to make a possession order. The second will be up later on.

Bracknell Forest Borough Council v Harry Green & Denise Green [2009] EWCA Civ 238 centred on the consideration of the availability of suitable accommodation as a factor in considering reasonableness. It is also, and sorry to spoil any dramatic tension, a textbook example of the Court of Appeal refusing to take issue with the lower court’s exercise of discretion where there is an imprecise legal standard unless the lower judge acted ‘under an error of principle’ … Read the full post

Posted in FLW case note, Housing law - All, Possession and secure-tenancy. Tags: , , , , .

Southwark and the Lords

By J on 20/03/2009. 2 Comments

Southwark LBC  are involved in two cases are being heard in the House of Lords next week. Hanoman v Southwark is a Right to Buy dispute and R (G) v Southwark is about whether there is a lawful distinction between a child who is “in need of accommodation”  or merely “in need of assistance with accommodation.”

The judgments will, of course, be noted here as soon as they come out.… Read the full post

Posted in Community care, Housing law - All and right-to-buy. Tags: , , , , .

Letting agents hit by TDS?

By Francis Davey on 19/03/2009. 25 Comments

A recent blog post on the PainSmith blog illustrates a potentially nasty trap for letting agents (and useful alternative target for tenants) in the tenancy deposit protection system of the Housing Act 2004.

According to PainSmith a let-only agent received a deposit from the tenant and passed it on to the landlord who failed to register the deposit within the 14 day deadline.

The tenant has now brought proceedings for 3 times the deposit against the agent as well as the landlord, arguing that s.212(9)(a) of the Housing Act 2004 defines “landlord” to include persons acting on a landlord’s behalf and therefore the penalties in s.214 of the act apply … Read the full post

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