Monthly Archive for July, 2010

HMOs and Council Tax

By David Smith on 30/07/2010. 5 Comments

Goremsandu, R (on the application of) v London Borough of Harrow [2010] EWHC 1873 (Admin)

As many of you will know the definition of an HMO for the purposes of Council Tax is totally different from that used in the Housing Act 2004 (and in relation to planning uses classes). It is, however, an important definition because where a property is an HMO the Council Tax (Liability for Owners) Regulations 1992 require that the owner is the person who has the primary liability to pay the Council Tax, even if they then pass on that charge to the tenants.

In this case G owned a property with a conservatory which … Read the full post

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

Suspended possession orders and insolvency: request for info

By NL on 30/07/2010. 2 Comments

We’ve been told that on 29 July 2010, the tenant appellant in Godfrey v A2 Dominion North Ltd was granted permission to appeal. Quite what permission has been given is less clear – our source says Court of Appeal, but the case was elsewhere listed as being before a High Court judge. Can anyone clear this up?

[Edit: confirmed by Hardwicke Chambers as being Court of Appeal, permission by Rimer LJ]

What is at issue is whether a suspended possession order should be made when the rent arrears have been included in a debt relief order pursuant to the Insolvency Act.

The tenant apparently argued that “a ‘remedy in regard … Read the full post

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

No comment required

By NL on 29/07/2010. 2 Comments

the legal aid massacre - thanks to John Bolch
With thanks to John Bolch at Family Lore.… Read the full post

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

Residing legally …

By Dave on 29/07/2010. 7 Comments

An interesting argument emerged before the Court of Appeal in Lekpo-Bozua v Hackney LBC (SoS for Communities and Local Government joined as interested party) [2010] EWCA Civ 909.  The issue arose around the difference between, on the one hand,  an entitlement to the main housing duty under section 193, Housing Act 1996, to successful homelessness applicants, and, on the other hand, the duty owed in “a restricted case” under section 193(7AA).  The restricted case material was inserted into the 1996 Act (finally) by section 314, Housing and Regeneration Act 2008, in order to deal with the declaration of incompatibility found in R(Morris) v Westminster CC [2006] 1 WLR 505 … Read the full post

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

Social Welfare Law contracts – update

By NL on 28/07/2010. 5 Comments

The LAG news blog is reporting that while Family contracts resulted in ‘carnage’ with an estimated 1300 out of 2400 firms being awarded contracts – about 54%, in Social Welfare Law the LSC is saying that it believes ‘around 70%’ of existing providers will be awarded contracts, but they are still doing ‘due diligence’ in 5 areas.

So if 46% failure is ‘carnage’, what is 30%? Two thirds of a carnage? Perhaps carnage lite? A triple decimation?

Certainly the 70% figure is not standard across the country. For example, my understanding is that there are only three SWL providers in Birmingham who were offered contracts (taking consortia as one, which … Read the full post

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

Succeeding to a joint tenancy

By NL on 27/07/2010. 3 Comments

Solihull Metropolitan Borough Council v Hickin [2010] EWCA Civ 868

Where there are two joint tenants of a secure tenancy, of whom one has left and no longer occupies the property, and the remaining tenant in occupation dies, can that tenant’s adult child succeed to the tenancy? Or does the tenancy become vested solely in the remaining, absent, tenant by way of survivorship in the form of a bare contractual tenancy?

In this Court of Appeal case, an ingenious argument was raised to suggest that the child could succeed, because the provisions of the Housing Act 1985 overrode the common law rule of survivorship. Ingenious, but unsuccessful.

Ms Hickin was … Read the full post

Posted in FLW case note, Housing law - All, secure-tenancy and Succession.

What is a service charge?

By Francis Davey on 26/07/2010. 1 Comment

In two joined appeals to the Lands Chamber of the Upper Tribunal brought by Southern Housing Group Ltd and Family Housing Association (Wales) Ltd ([2010] UKUT 237 (LC) – not yet available via the tribunal’s website or on bailii), the tribunal considered whether, on construction of the relevant leases, a payment was a service charge within the meaning of s18 of the Landlord and Tenant Act 1985. In both cases the LVT had held that the charge was a service charge (in favour of the tenant).

As readers will know, if a charge is a s18 service charge, then numerous provisions intended to protect tenants will bite, including the … Read the full post

Posted in Leasehold and shared ownership and Uncategorized.
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