Monthly Archive for December, 2009

Ending 'Horsham' possessions?

By NL on 30/12/2009. 1 Comment

The Ministry of Justice has issued a consultation document on a proposal to require mortgage lenders to obtain a court order or the consent of the borrower before repossessing and selling residential owner-occupied homes. (The consultation document is here).

This is being touted as bringing to an end the Horsham Properties v Clark & Beech [2008] EWHC 2327 (Ch) (our report here) exception to the Adminsitration of Justice 1970 (and 1973) loophole. See, for example the Inside Housing report or the report in yesterday’s (29/12/09) Guardian – not online. However, the proposals only apply to residential properties with residential mortgages.

As readers will recall, Horsham concerned possession … Read the full post

Posted in Housing law - All, Mortgage possession and Possession.

That was the year, that was…

By NL on 29/12/2009. 13 Comments

But we’re not going to do a ’roundup of the year’ kind of post. It is all searchably there and anyway, we’ve already linked to one (although it is probably subscribers only by now).

Instead, I just wanted to gaze at our collective navel a little and say a few things about the last year on NL. It has been quite a year…

First and foremost, of course, I must thank my illustrious co-bloggers -, in strictly alphabetical order: Chief, Dave, Francis and J. Not only is there the purely practical – without them, this blog wouldn’t have carried on – I simply have to praise their knowledge, insight, elegant … Read the full post

Posted in Various (non-housing).

Service charges up, enfranchisement down: some LVT statistics

By Francis Davey on 27/12/2009. 0 Comments

As food for reader’s thought as 2009 draws to an end, a quick comment on a recent written answer given to the Shadow Housing minister Grant Shapps. Since many readers’ will be full of seasonal fare I thought some pictures rather than words would be more apt.

Graph of leasehold business in the LVT

Our first picture shows a turnaround in the core leasehold work carried out by the LVT with enfranchisement and lease extension applications down and service charge disputes up. The fall in old LVT work probably stems from the collapse in the housing market and poor availability of credit. I would like to think that better publicity of the service charge jurisdiction has … Read the full post

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

The HRA and precedent

By Dave on 23/12/2009. 2 Comments

We’ve been a bit slow on this one, but R v Horncastle [2009] UKSC 14 offers further light on the quarter pounder v royale with cheese debate, which has occupied much of our time this year. J noted that R v Purdy suggested that the UKSC would offer some assistance where a recent judgment was inconsistent with subsequent ECHR judgments (see also Secretary of State for the Home Department v AF (No 3) [2009] 3 WLR 74, cited by Lord Brown in Horncastle at [118], referring to the wonderful sentence of Lord Rodger: ““Argentoratum locutum, iudicium finitum – Strasbourg has spoken, the case is closed.”)

Horncastle, however, concerns … Read the full post

Posted in FLW case note and Housing law - All.

Birmingham Council Gatekeeping, with benefit of transcript

By NL on 22/12/2009. 13 Comments

Kelly & Mehari v Birmingham CC [2009] EWHC 3240 (Admin) [Not on Bailii yet, available on Lawtel]

Following our note here (and the very helpful comment to it) we’ve got the transcript of the judgment. (In fact I’ve had it for a few days, but it has been hell out there, hell I tell you. And that was just the commute.)

This was a hearing of two joined Judicial Reviews (at the new Birmingham High Court) of Birmingham’s treatment of homeless applicants and provision of interim accommodation under s.188(1) Housing Act 1996.

The Claimants argued that Birmingham had a policy or a procedure designed to avoid their duty under s.188 … Read the full post

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

Care homes, consultation and the DDA

By NL on 22/12/2009. 2 Comments

Boyejo & Ors, R (on the application of) v Barnet London Borough Council [2009] EWHC 3261 (Admin)

This was the conjoined hearing of an application for Judicial Review of both Barnet and Portsmouth Councils, both JRs bought by Yvonne Hossack and here represented by Stephen Knafler. It makes a distinct contrast and counterpoint to R (Garbet) v Circle 33 Housing Trust and another [2009] EWHC 3153 (Admin) [our note here]. It also makes important findings for anyone dealing with local authority policy or service provision decisions affecting people with disabilities. Apologies for the lengthy note, but detail is unavoidable…

Again, the issue was the withdrawal of resident warden … Read the full post

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

How late did you leave it?

By J on 19/12/2009. 1 Comment

Not a post about Christmas shopping, (which is all done, thanks to Amazon) but about delays in lodging appeals against ASBOs and the case of R (Birmingham CC) v Birmingham Crown Court; R (South Gloucestershire DC) v Bristol Crown Court [2009] EWHC 3329 (Admin).

When a Magistrates’ court makes a stand alone ASBO (s.1(1), Crime and Disorder Act 1998), appeal (by way of re-hearing) is to the Crown Court. Neither the CPR nor the Criminal Procedure Rules govern such applications, rather, they are dealt with by the Crown Court Rules 1982. Those rules require that notice of any appeal be lodged with the Crown Court within 21 days of … Read the full post

Posted in ASB and FLW case note. Tags: , , .
row of sheds footer image
4 pages