Monthly Archive for June, 2009

Page 2 of 4

He can look after himself

By NL on 22/06/2009. 0 Comments

R (Shoaib) v LB Newham [2009] All ER (D) 198 (Jun) [only available as an All ER note as yet] was a Judicial Review of a decision to terminate s.21 National Assistance Act support to Mr Shoaib.

Mr Shoaib had claimed asylum in 2004. His claim had been rejected in 2006 and with it NASS support (as it was then). A fresg asylum claim was made and Newham decided to provide s.21 support. Mr Shoaib suffered from epilepsy. His support was reviewed on a number of occasions. On the last occasion, the social worker, who had not had details of Mr Shoaib’s medical condition provided to him, decided that Mr … Read the full post

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

Would you credit it?

By J on 22/06/2009. 0 Comments

Some of you might have seen in the news recently some rather confused reports that HHJ Halbert at Chester County Court was dealing with various attempts by people to write off debts owed under credit agreements, see, for example, this from the BBC or this from the MoJ.

We here at NL were not too sure what to make of these reports but, thanks to our friends at Garden Court North, we’ve managed to shed some light on matters.

HHJ Halbert has given judgment in a case called Southern Pacific Personal Loans Ltd v Walker (12 March 2009, Chester County Court) and has determined that Southern Pacific (“SP”) cannot … Read the full post

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

Take it as is or not at all

By NL on 22/06/2009. 2 Comments

Ryan v London Borough of Islington [2009] EWCA Civ 578 concerned Ms Ryan’s Right to Buy under Part V Housing Act 1985 and whether or not it had been deemed to be withdrawn.

Ms Ryan was the secure tenant of a an Islington property. In January 2003, she served notice of RTB and after two months Islington admitted the RTB, stating that valuation would be as of January 2003. In June 2003, Islington noted that specialist works were required – filling a crack in the rear wall, indicating subsidence. The valuer’s report of the same month noted sloping and springy floors, damp to a ceiling and walls, but did not … Read the full post

Posted in Disrepair, FLW case note, Housing law - All, right-to-buy and secure-tenancy. Tags: , , , .

RSL meet HRA, HRA meet RSL

By chief on 19/06/2009. 23 Comments

Well, well, well.  Or perhaps well, well, oh heck.  The Court of Appeal has handed down its judgment in R (Weaver) v London & Quadrant Housing Trust [2009] EWCA Civ 587 and, by a majority, L&Q have lost.

It will be remembered that Mrs Weaver was a tenant of L&Q.  L&Q sought to evict her, relying on Ground 8.  She resisted this, claiming that she had a legitimate expectation that they would use Grounds 10 or 11 first and that the eviction engaged Article 8 of the European Convention of Human Rights.  The High Court rejected any suggestion of a legitimate expectation.  Because of the way that it was advanced … Read the full post

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

Tales from the pink campervan

By Dave on 19/06/2009. 0 Comments

The Tenants Services Authority (the new regulatory body for RSLs and, from April 2010, local authorities) has been holding a “national conversation” with tenants, touring round in a pink campervan amongst other engagement techniques. The outcome from that, and from broader regulatory conversations one suspects, is Building a New Regulatory Framework: A Discussion Paper. This is destined to be an important document when finalised – comments are due by 08 September 2009 and can be addressed to national.conversation@tsa.dsx.gov.uk – in part because of its (ir-)relevance when thinking about a jr (after Weaver) but, most significantly because of the regulatory standards it will lay down for tenants and landlords (now … Read the full post

Posted in Assured Shorthold tenancy, assured-tenancy, Housing law - All, Regulation and planning and secure-tenancy. Tags: , , , .

Pick a date, any date

By NL on 18/06/2009. 1 Comment

It might be a small thing next to the likes of Weaver v L&Q, but Hussain v Bradford Community Housing Limited & Kauser [2009] EWCA Civ 763 is worth attention on a technical point.

Hussain had a weekly periodic tenancy has joint tenant with Kauser. The weekly period ended on a Friday of each week. The tenancy specified 28 days notice. Following the breakdown of the relationship, BCH and Kauser issued Notice to Quit with effect from ‘the last Sunday of the month or the last day of the periodic tenancy after four weeks’. The landlord also wrote to Kauser saying that if an offer of alternative accommodation was … Read the full post

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

Weaver v L&Q Newsflash

By NL on 18/06/2009. 0 Comments

R(Weaver) v London & Quadrant [2009] EWCA Civ 587  is out (link to doc of the judgment thanks to Garden Court)

This was the Court of Appeal hearing of L&Q’s appeal of the High Court finding that it was a public authority in its housing function, subject to judicial review and the HRA.

Result – L&Q lost. They are indeed a public authority in their housing function.

But there is a lot in the detail – our full report to come.

So… House of Lords anyone?

[Edit. OK, one the one hand, the NL team are fighting over who gets to write up the detailed post, and on the other, … Read the full post

Posted in assured-tenancy, Housing law - All and Possession. Tags: , , , , , , .
row of sheds footer image
4 pages