Monthly Archive for August, 2009

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Here be dragons

By NL on 18/08/2009. 2 Comments

EPA 1990 prosecutions and the Magistrates Court. I am assured that stout housing lawyers quail at the prospect. And why? Well this High Court appeal by way of case stated, although not strictly housing related, serves as a illustration.

magsWandsworth v Rashid [2009] EWHC 1844 (Admin) concerned bags of waste left on the street by a branch of JD Sports (or was it…?)

The information laid in January 2008 stated:

On 30th July 2007, being the manager of JD Sports of 2-4 St Johns Road, SW11 and the producer of controlled waste, you failed in your duty to take all such measure applicable to you in that capacity as are

… Read the full post

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

Statutory Instruments to read by the pool

By J on 17/08/2009. 0 Comments

Apparently Dan Brown (he of “The Da Vinci Code” nonsense) is bringing out a new book shortly. I can’t imagine why anyone would want to read it. Especially given that there are (just this week!) three relevant statutory instruments to consider. Ideal poolside reading if I ever saw it.

The first two are the Housing (Shared Ownership Leases) (Exclusion from Leasehold Reform Act 1967) (England) Regulations 2009 and the Housing (Right to Enfranchise) (Designated Protected Areas) (England) Order 2009.

These two have to be considered together as they relate to enfranchisement and shared ownership leases. I’d suggest having a copy of the Leasehold Reform Act 1967 (in its original … Read the full post

Posted in Housing law - All and Leasehold and shared ownership. Tags: , , .

Bits from August LAG 2: Unlawful Eviction damages

By NL on 13/08/2009. 6 Comments

The August edition LAG housing updates also contain a couple of County Court unlawful eviction and harassment cases that are well worth noting, particularly on quantum.

Abbas v Iqbal, Bow County Court 4 June 2009. Mr Abbas, who was elderly and in poor health, was granted a weekly periodic AST of a single room with shared kitchen and bathroom. The rent was £60 pw. In November 2007, the landlord – Mr Iqbal – told Mr Abbas he would have to leave as the property was to be converted into flats. In April 2008 a written notice was served, to leave within two weeks. The notice was defective and invalid. … Read the full post

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

Illegal eviction and the police: Got a story?

By NL on 13/08/2009. 0 Comments

Following on from the spate of comments on this post, we have been contacted by a (thoroughly reputable) journalist who would like to write a piece on illegal eviction and, in particular, on police responses and awareness. She is looking for first hand or direct accounts of experiences of police involvement in the course of an illegal eviction. Anyone who would like to make contact — no commitment — please send us an email at the usual address (contact at nearlylegal.co.uk ) and we’ll forward it on.… Read the full post

Posted in Housing law - All and Unlawful eviction and harassment. Tags: .

L & Q Change Practice on Ground 8

By Dave on 13/08/2009. 0 Comments

News has come our way (circuitously) of a change in practice by London and Quadrant on the use of Ground 8, the mandatory ground for possession on the basis of rent arrears in respect of assured tenancies, from 01 August. Apparently, they will now only use it in “exceptional circumstances” (eg abandonment). Maybe others will follow … and it will be interesting to see how this chimes with the TSA research on the use of Ground 8 which should be completed by now.… Read the full post

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

Bits from August LAG 1: Tenancy Deposits

By NL on 11/08/2009. 25 Comments

As ever, the lovely Legal Action housing updates have some interesting County Court cases that hadn’t reached us. A couple in the August edition concern tenancy deposit cases. Nothing binding (and when will some of these cases reach a higher court?), but interesting.

Woods v Harrington, Haverfordwest County Court. 19 May 2009. Ms Woods had a 12 month AST from May 2008. The tenancy agreement stated that there was a £600 deposit ‘as security for the faithful performance of the terms of the lease’. The deposit was not paid into a scheme. During the 12 month term, Ms Harrington, the landlord agreed to accept notice to terminate the tenancy … Read the full post

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

Outstanding and Relevant

By chief on 10/08/2009. 1 Comment

Scinto v London Borough of Newham [2009] EWCA Civ 837 is an appeal from Bow County Court on whether the tenant was still entitled to exercise her right to buy on terms first set out in December 1999.

Miss Scinto initiated the right to buy process in September 1999.  In December 1999 Newham sent an offer notice addressed to both Miss Scinto and her son detailing the offer price and the statutory discount that had been applied.  The offer notice also identified some structural defects.

In September 2000 Miss Scinto’s solicitors sent a surveyor’s report, identifying some serious structural problems, to Newham.  They told Newham that without extensive repair works … Read the full post

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