Monthly Archive for May, 2009

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House of Lords newsflash

By chief on 20/05/2009. 12 Comments

The House of Lords has today given its judgment in the case of R (G) v Southwark [2009] UKHL 26.  We reported the Court of Appeal decision here.  A fuller report will follow on Nearly Legal in due course, but as we may not finish it today the headlines are:

  • The House of Lords unanimously allowed G’s appeal, Baroness Hale giving the leading speech;
  • He therefore was entitled to accommodation under s. 20 of the Children Act, not simply s.17 help with accomodation;
  • Rix LJ’s dissenting view in the Court of Appeal (which was preferred in our report of that decision) was therefore the better one.

    • … Read the full post

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

Tolerated Trespasser day

By NL on 20/05/2009. 0 Comments

It is official, orders signed and everything. As of today, 20 May 2009, Schedule 11 of the Housing & Regeneration Act is in force, save for paragraphs 3(3), 8(3) and 14(3), which we are arguing about below. Housing and Regeneration Act 2008 (Commencement No. 5) Order 2009. SI 2009/1261

Also in force today – The Housing (Replacement of Terminated Tenancies) (Successor Landlords) (England) Order 2009. SI 2009/1262

So, replacement tenancies all round, then.

[edit - now Read the full post

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

More on tolerated trespassers

By J on 19/05/2009. 31 Comments

Following on from our post yesterday (and from a personal conversation with Robert Latham of Doughty Street Chambers) we can shed a bit more light on the forthcoming commencement of Sch 11, Housing and Regeneration Act 2008.

Firstly, the successor landlord order has not changed from the draft, which can be found here. The final order will be online shortly – we hope!

Secondly, the Government will be publishing some guidance and other information here, at some stage on Wednesday.

Thirdly, the reforms will come into force in both England and Wales.

Finally- and as trailed yesterday – the Government will not be bringing paragraphs 3(3), 8(3) and … Read the full post

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

And now, the end is near

By NL on 18/05/2009. 0 Comments

Table of contents for Tolerated Trespassers

  1. Tolerated Trespassers – the aftermath
  2. Tolerated trespassers: A Luta Continua
  3. Postponing Possession. Are you now and have you always been a tenant?
  4. Assured trespassers?
  5. Assured tenant or trespasser? The waiting begins.
  6. Postponed assured trespassers verdict soon(ish).
  7. Permanent trespassers and enforceable possession orders.
  8. More on London & Quadrant v Ansell
  9. White v Knowsley – Court of Appeal Judgment
  10. Reincarnation of Tenancy?
  11. S.85 Application Randomness
  12. Permanent trespassers – a fan letter
  13. Payne-less
  14. Post mortem revival of tenancy
  15. When does enforceability end?

With grateful thanks to James Stark of Garden Court North and North West Housing Law Practitioners Group, we can pass on some news on the … Read the full post

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

Tenancy Deposit – variations on a theme

By NL on 17/05/2009. 19 Comments

Legal Action May 09 housing updates contain a few tenancy deposit cases, which further muddy the waters…

Seghier v Rollings, Bow County Court, 6 March 2009. An assured shorthold beginning in May 2007. A deposit was paid by Mr Seghier to the letting agent before the start of the tenancy. It was not protected, nor the required information given. Ms Rollings was apparently unaware of the existence of the deposit scheme. The deposit remained unprotected until shortly before the initial hearing of Mr Seghier’s claim in June 2008. At the hearing Ms Rollings gave a copy of the certificate of deposit to Mr Seghier, but the prescribed information was … Read the full post

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

Unlawful Eviction and Harassment quantum

By NL on 15/05/2009. 0 Comments

The May edition of Legal Action’s housing updates contains a report on Khan v Iqbal, Bury County Court, 13 March 2009.

Ms Khan was an assured shorthold tenant on rent of £650 pm. She lived with her children aged 15 and 12 She got into rent arrears.

The landlord and his sons interrupted the electricity supply and turned off the central heating. They cut telephone line. The landlord attended the property and verbally abused Ms Khan.

On 10 May 2008, one of the landlord’s sons entered the property and began removing the tenant’s belongings. The police were called and in their ever helpful way with unlawful evictions, assured Ms Khan … Read the full post

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

Looking at it from all angles

By J on 14/05/2009. 0 Comments

Whitehouse v Lee [2009] EWCA Civ 375 is a rare beast – a successful appeal against a decision on reasonableness in the context of possession proceedings. However, it merits close attention not only for its rarity, but because it also reminds us of how to properly consider whether it is “reasonable” to make an order for possession.

Mr & Mrs Whitehouse became the tenants of a flat in 1963. In 1969, Dr Lee purchased the freehold reversion, a neighbouring house and three garages underneath the flat, all of which were held beneficially with her siblings. In due course it was decided that the siblings wanted to sell the flat that … Read the full post

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