Monthly Archive for April, 2009

Page 2 of 3

Tumbleweed

By NL on 20/04/2009. 0 Comments

It’s not that we’ve stopped posting lately, it’s just that there has been nothing to write about.

There is lots to come – Weaver v L&Q in the Court of Appeal, Moran v Manchester, Aweys v Birmingham in the Lords (all heard, I believe, and judgments awaited); and the probably imminent but yet to be fixed start date for the Tolerated Trespasser provisions of Schedule 11 of the Housing and Regeneration Act being just the highlights.

But right now? Nada, niente, rien, zilch and diddly-squat. In short, nothing at all. Not even a Judicial Review costs hearing or semi-interesting LVT decision.

Mind you, if all that stuff comes down … Read the full post

Posted in Housing law - All. Tags: .

On the Naughty Step- allegedly

By NL on 16/04/2009. 14 Comments

The CAB in Wales appears to have branched out into inadvertent wealth re-distribution, allegedly by way and end of Dale and Sally Foster now on trial at Swansea County Court.

The Fosters ran the CAB office at Ammanford, Carmarthenshire, together. In fact, they were the main paid employees of the branch. What isn’t clear from reports is quite how much the Fosters were paid, although Mr Foster was on £9000 for a 30 hour week as an assistant when he started in 1997 and Mrs Foster was the manager of the branch. However, the police, the CPS and, one presumes, the CAB were fairly sure that their wages didn’t account … Read the full post

Posted in Various (non-housing). Tags: , , .

Bits from LAG and nuisance & Art 8

By NL on 06/04/2009. 12 Comments

There are several cases in the latest LAG updates that we haven’t covered and that are interesting. Thanks as ever to Jan Luba QC and HHJ Nic Madge for the LAG reports. There are two brief notes on County Court cases and a more sizeable one on Dobson v Thames Water, a Court of Appeal case on nuisance and Art 8 infringement that we had somehow missed from January and which isn’t discussed at length in LAG.

Southwark LBC v Jackson and Jackson, Lambeth County Court 27 January 2009
Mr & Mrs Jackson were elderly joint secure tenants. Mr Jackson had died, leaving Mrs Jackson as sole tenant. … Read the full post

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

By way of apology…

By NL on 06/04/2009. 0 Comments

There will be some housing law along in a minute, but I’ve had an email request that prompts a bit of an apology. How, in the employment law blog links, could I have overlooked Daniel Barnett’s blog. Daniel Barnett has a valid claim to be one of the parents (or in internet years, grandparents) of free, rapid, internet distributed legal information with his employment law update emails, which began in 1999, and the archive and subscription details are available on his blog.

The apology was prompted because Daniel emailed (gracefully ignoring the lack of link) to ask for a bit of publicity for his fundraising campaign to mark the … Read the full post

Posted in Various (non-housing). Tags: .

Duty to provide rent-free accommodation?

By chief on 02/04/2009. 0 Comments

R (Best) v Oxford City Council [2009] EWHC 608 (Admin), [2009] All ER (D) 252, noted on this week’s Garden Court Housing Law Bulletin, but not yet on BAILII. 

This is a judicial review that essentially turned on whether a local housing authority has a duty to provide a homeless applicant with rent-free accommodation where that applicant is on income support, but cannot access housing benefit.

A potted history – A, B,  C, 1, 2, 3…

Ms Best, who has two young children, has a fairly eventful history with Oxford City Council.  Prior to that she lived in Property 1, which, along with her three siblings she inherited a share in.  … Read the full post

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

Disclaimer, assignment and guarantee

By Francis Davey on 02/04/2009. 0 Comments

In Shaw v Doleman[2009] EWCA Civ 279 the Court of Appeal confirmed the view taken by some writers as to the effect of the disclaimer of an assigned lease on the obligations of a guarantor. At the same time it highlights that wording common in Authorised Guarantee Agreements (AGA’s) may not mean quite what the tenant thinks it means.

A lease has often been described as being “amphibious” in nature: partly a contract and partly creating an interest in land.

At common law a tenant who covenanted to do something in a lease (such as to pay the rent) owed that obligation to the lessor even if their interest … Read the full post

Posted in FLW case note, Housing law - All and Leasehold and shared ownership.

The end of the road

By J on 02/04/2009. 4 Comments

X v LB Hounslow [2009] EWCA Civ 286.

When news of X first reached the NL team, the near unanimous response was one of pleasure at the result. Once we obtained a transcript and saw the reasoning of the trial judge, it became clear not only that an appeal would be pursued but that it would be successful. Those feelings were only strengthened by the decision of the House of Lords in Glasgow CC v Mitchell. And we’re been proved right.

The facts of X are truly awful. X and Y are, on any view, vulnerable adults. They both have learning difficulties and have low IQs. In these proceedings, … Read the full post

Posted in FLW case note and Housing law - All. Tags: , , , .
row of sheds footer image
3 pages