Monthly Archive for July, 2009

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Shocking lack

By NL on 24/07/2009. 15 Comments

And I apologise for the pun in the title, which is in dubious taste.

Normally on NL, we restrict putting our view on matters to a few comments or the odd, albeit caustic, remark. But the events and legal requirements that are set out in this story from the RLA newsletter are such that we even had a bit of a discussion about whether and how Nearly Legal could mount a campaign.

In short, atrocious wiring in a private let resulted in the death of a tenant while running a bath. She was found dead by her five year old daughter. Wiring in the property, done 28 years ago, had … Read the full post

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

HB means no gas or electricity

By NL on 22/07/2009. 0 Comments

In the July edition of Legal Action’s housing reports is the otherwise unreported Salah v Munro Willesden County Court April 2009. This was a harassment and unlawful eviction case. Ms Salah began an assured shorthold tenancy of a room on 23 March 2008 for a 6 month fixed term. Ms S applied for HB which was granted but did not cover the full rent, even after appeal. The landlord, Mr Munro had a ‘no HB’ policy, which he decided to enforce in a forthright and utterly unlawful manner. First he told Ms S to leave. Then, in May 08 his brother and girlfriend went to the property and demanded that … Read the full post

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

Arm's length discrimination (or not)

By J on 21/07/2009. 1 Comment

Odham’s Walk Residents Management Ltd v Westminster City Council [2009] EWHC 1712 (Admin)  is not a housing case per se, but is of interest.

The applicant, a TMO, manages an estate of Westminster’s housing stock as Westminster’s agents under contract. The TMO employs caretakers who are provided with accommodation as part of the job.

The agreement under which the TMO manages the properties makes clear that it is the Council’s agent in doing so. The agreement also puts an equal opportunities duty on the TMO and compliance with statutory provisions including the Sex Discrimination Act 1975. However, staff were employed by the TMO not the Authority. The accommodation for … Read the full post

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

Mistaken on Undertaking

By NL on 17/07/2009. 10 Comments

nuisanceAs a reminder, in case one were needed, that undertakings to the Court in ASB cases should be considered very carefully indeed comes Circle 33 Housing Trust Limited v Kathirkmanathan (2009) CA (Civ Div) 16/7/2009 [Not on Bailii yet, available as note on lawtel].

The appellant, Mr K, was a tenant of Circle 33. He had given an undertaking to the Court “not to engage, or encourage others to engage, in conduct capable of causing a nuisance or noise” in proceedings brought following complaints about noise from the flat below. There were further complaints of noise and Circle 33 sought committal. The Court below found that although the undertaking was … Read the full post

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

Defamation and anti-social behaviour

By Francis Davey on 14/07/2009. 9 Comments

Clift v Slough Borough Council [2009] EWHC 1550 considers the extent to which a local authority has an interest or duty to pass on allegations about anti-social behaviour to its employees and contractors for the purposes of the defence of qualified to a claim for defamation. It is also an example of the all too common situation of a victim being targeted as a perpetrator.

Background

On the morning of 11 August 2005 Mrs Clift witnessed a group of five people in the public park drinking. A child of about 3 years of age was pulling plants up from a flower bed and damaging other plants. Ms Clift protested at … Read the full post

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

Not seriously arguable

By NL on 13/07/2009. 5 Comments

Another case on post-Doherty public law defences was handed down on Friday. Stokes v London Borough of Brent [2009] EWHC 1426 (QB) concerned an appeal summary possession order made against a traveller in unlicenced occupation of a plot on a Brent traveller’s site.

Ms Stokes had lived at her mother’s plot on the site and had been on the waiting list. She moved onto a plot which contained a site office on part of it, but was not used as a caravan site, in about January 2007. In April 2007 Brent wrote to say that her trespass would not be tolerated. However, in October 2007, Brent wrote to say … Read the full post

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

Victory – Bjorge Lillelien style

By J on 13/07/2009. 9 Comments

Every now and then, a case comes to my attention which makes me causes me unimaginable joy. Redstone Mortgages Plc v Welch, Jackson & Jackson (Birmingham County Court, June 22, 2009, HHJ Worster) is one of those cases. It’s already attracted some media coverage and, with luck, might attract some more. It deserves to. I’ve summarised and simplified matters where possible but a full transcript is available if anyone wants it.

This was a mortgagee’s claim for possession, but with a rather unusual history. Mr & Mrs Jackson were, until October 2005, the owners of a residential property. The property was mortgaged to Cheltenham & Gloucester Building Society and … Read the full post

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