Monthly Archive for May, 2010

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These we have missed/didn’t know about

By NL on 17/05/2010. 0 Comments

As ever, the Housing updates in Legal Action for May 2010 contains news of a few homelessness cases that are otherwise unreported and which hadn’t reached us – primarily County Court decisions or applications for permission for JR or appeal that didn’t make Bailii or elsewhere.

Human Rights
Slough BC v Aden [2009] EWCA Civ 1541
Application for permission to appeal on the basis that the provision of a non secure periodic tenancy of a hostel room under the homelessness provisions of Part VII Housing Act 1996 was incompatible with Art 8 of the ECHR. Mr Aden had been found not to be in priority need and an NTQ served … Read the full post

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

And here’s to you, HHJ Robinson*

By J on 15/05/2010. 0 Comments

Three decisions of HHJ Robinson, sitting as a judge of the Upper Tribunal (Lands Chamber) for your delectation.

In Masri v The Wellcome Trust Ltd [2010] UKUT 138 (LC)  the respondents had originally demanded c.£19,000 of charges but, after recording a number of concessions by the respondents and determining various remaining items, the charges, the LVT reduced the charges to £1,011.95. The appellant obtained permission to appeal on three points. The first two were closely related – it was said that the LVT should have deduced various further sums which had been conceded, but which had not been taken into account in the final determination; alternatively, reasons should have been … Read the full post

Posted in FLW case note, Leasehold and shared ownership and Uncategorized. Tags: , , .

I, for one, welcome our new insect overlords*

By NL on 13/05/2010. 4 Comments

So, that is Ken Clark as MoJ and Lord Chancellor, Eric Pickles at DCLG and now, apparently, Grant Shapps as Housing minister. Here is what Mr Shapps was putting forward a year ago as shadow housing minister, much of which made it into the manifesto. But, in terms of the actual shortage of social housing, or indeed reform of general tenancy law, all is a bit unclear, save for that manifesto commitment to leave security of social housing tenure alone. There is a promise to ‘build on the right to buy’, though. The irony that the implementation of the right to buy was what stopped local authorities building will … Read the full post

Posted in Various (non-housing).

Further Adventures in Fair Rents

By David Smith on 13/05/2010. 0 Comments

Compatriot Holdings Ltd Co & Anor v Chairwoman of London Rent Assessment Committee & Ors [2009] EWHC 3312 (Admin)

Following on from the post by NL in Ahmed & Ors v Murphy it has been a busy time for the High Court and the London Rent Assessment Committee (LRAC).

The appeal concerns the registration of a fair rent for two properties in Ladbroke Crescent, London. A number of other parties were involved in this appeal. C had passed its interest to Glissen Properties Ltd in December 2008 so they were added to the appeal as an interested party by order. The tenants of the two properties were also added although … Read the full post

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

Of fair rents, disrepair and unreasonable temptations

By NL on 12/05/2010. 2 Comments

Ahmed & Ors v Murphy [2010] EWHC 453 (Admin)

This was an appeal to the High Court of a decision by the London Rent Assessment Committee (LRAC) that the maximum fair rent payable by Mr Murphy for the flat in Brick Lane, Spitalfields was £8.50 per week. The appeal was brought by the landlords, the Ahmeds. Neither the tenant, Mr Murphy, nor the LRAC attended or were represented.

As a case, it is primarily about assessment of maximum fair rent for protected tenants, but there is something for everyone in there, from security of tenure to ‘reasonable notice’ in disrepair. It also features one of the most bewildering set of … Read the full post

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

DoLALY

By NL on 07/05/2010. 5 Comments

The people of the UK have spoken! And with one mighty voice, said “Um, errr…” (as of 8 am Friday)

So, in the meantime, here is something that I wasn’t going to mention, at all. But then I was told by some of the others that, should the highly unlikely actually happen, they would announce it.

And on reflection, I thought credit should be properly distributed in any event, so…

One of the Nearly Legal team is a finalist in the Legal Aid Lawyer of the Year awards. That person is in fact, me. However, given that this blog has assuredly played a large part in this surprise, it … Read the full post

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

M not G

By NL on 06/05/2010. 3 Comments

TG, R (on the application of) v London Borough of Lambeth [2010] EWHC 907 (Admin)

Or when is a child in need not a child in need?

This was the judicial review of Lambeth’s decision not to support TG as a ‘former relevant child’, he being over 18. The question was, quite simply, had TG been a ‘looked after child’ at any point before he was 18, in particular what functions Lambeth was exercising when it provided TG with accommodation.

TG was living with his mother until March 2006. In 2004 he had come into contact with Lambeth’s Youth Offending team, there followed a sentence of a supervision order in … Read the full post

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