Monthly Archive for July, 2009

Not just suitable but properly so

By NL on 31/07/2009. 0 Comments

Araya, R (on the application of) v Leeds City Council [2009] EWHC 1962 (Admin)

S.188 Housing Act 1996 accommodation, provided pending s.184 decision or s.202 review of a negative s.184 decision, must be ‘suitable’. This means that any accommodation to which a homeless applicant is transferred, must also be suitable. Araya, R (on the application of) v Leeds City Council [2009] EWHC 1962 (Admin) was a judicial review of just such a decision on to give notice on existing accommodation and offer an alternative place, which raises a couple of interesting points.

Ms Araya is a refugee from Eritrea, with two infant children and indefinite leave to remain. She applied … Read the full post

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

Pinnock and Proportionality

By Dave on 31/07/2009. 9 Comments

The CA have just handed down judgment in Manchester CC v Pinnock[2009] EWCA Civ 852, concerning the evidence that can be taken into account to justify a breach of a demoted tenancy at a review panel, the proper role of the County Court in such a circumstance, and the standard to be applied on a judicial review of a review panel decision. It is significant then in the context of demoted tenancies and demonstrates also that the proportionality standard is subject-specific. Manchester won by the way, although, no doubt Richard Drabble QC will seek leave to appeal as it was conceded that the CA was bound by Gilboy as … Read the full post

Posted in ASB, FLW case note, Housing law - All, Introductory and Demoted tenancies and secure-tenancy. Tags: , , , .

A very short note

By J on 31/07/2009. 1 Comment

The decision of the House of Lords in R (Purdy) v DPP [2009] UKHL 45 (the assisted suicide case) clearly has nothing to do with housing law but, as a general statement of law, para. 34 is very interesting.

… it is obvious that the interests of human rights law would not be well served if the House were to regard itself as bound by a previous decision as to the meaning or effect of a Convention right which was shown to inconsistent with a subsequent decision in Strasbourg. Otherwise the House would be at risk of endorsing decisions which are incompatible with convention rights (per Lord Hope).

Might we … Read the full post

Posted in Housing law - All and Possession. Tags: .

On the naughty step

By NL on 30/07/2009. 0 Comments

naughty step badge For this Naughty Step, we’re going trans-atlantic. A warm welcome to the Step for Horizon Group Management, a property owner/management firm from Chicago.

Horizon cannot be said to lack a pioneering spirit (or, as we shall see, a snappy way with a soundbite, catastrophically counter-productive, but snappy). For Horizon are the first firm to bring a defamation claim against a tenant, for a tweet on Twitter.

what is twitterFor those of you looking puzzled or slightly anxious at this point, Twitter is the terribly au courant micro blogging service in which anyone can post a message of up to 144 characters, which will instantly be read by anybody ‘following’ them. Do … Read the full post

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

Imputed fairness?

By NL on 28/07/2009. 4 Comments

Jones v Kernott [2009] EWHC 1713 (Ch) [not on Bailii yet] was an appeal from the County Court on a Trust of Land and Appointment of Trustees Act 1996 case. At issue is the question of fairness and whether and how far a change in common intention can be inferred or imputed.

Ms Jones and Mr Kernott had bought the property involved in joint names in 1984. Both lived there until 1993 when their relationship ended. They were not married. Mr K moved out and in 1996 bought another property in his sole name. Ms J remained in the first property.

Mr K ceased to pay mortgage and other outgoings … Read the full post

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

What do you want me to do about it?

By J on 27/07/2009. 0 Comments

Noise abatement notices are governed by Part 3, Environmental Protection Act 1990 (as amended). They are not ‘pure’ housing law but they are frequently used in a housing context, particularly when dealing with noise-related complaints of anti-social behaviour.

In Elvington Park Ltd and another v City of York Council [2009] EWHC 1805 (Admin), Silber J considered the content of a noise abatement notice. The appellants had been convicted by the Magistrates’ Court for causing a  noise nuisance, contrary to s.79(1)(g), 1990 Act, by allowing their airfield to be used for Formula 1 car testing and other motor-vehicle events. They appealed, both to the Crown Court and then to the High … Read the full post

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

Forfeiture and the LVT

By J on 26/07/2009. 0 Comments

By virtue of s.81 Housing Act 1996 and s.168 Commonhold and Leasehold Reform Act 2002 a landlord may not seek to forfeit a residential long lease unless the breach (whether to pay rent, service charges, administration charges or other breach of covenant) has been admitted by the tenant or determined by inter alia, an LVT.

In addition, by s.167 Commonhold and Leasehold Reform Act 2002 (and the regulations made thereunder), a landlord may not bring proceedings for forfeiture where the debt owed is less than £350.

In Glass v McCready LRX/122/2008, the LVT managed to confuse itself with the interplay between these two provisions and has had to be … Read the full post

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