Monthly Archive for August, 2010

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Alas poor Commonhold…

By J on 16/08/2010. 1 Comment

Commonhold was introduced by the Commonhold and Leasehold Reform Act 2002 and, in essence, is a new way (i.e. not freehold or leasehold) for flat owners to collectively hold the building containing their flats. It’s not proved very popular, with only c.20 developments across England and Wales. By s.62, CLRA 2002, the government is empowered to give financial support to people or organisations with a view to promoting commonhold. In practice, it has done this by funding LEASE (leasehold advisory service).

That funding has just been stopped.… Read the full post

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

Contracts and appeals: An Unclarification from the LSC

By NL on 13/08/2010. 2 Comments

The LSC, aware that there is a lot of interest in the appeals process for the contract award decisions (mainly, of course, because there are a lot of organisations appealing), has become concerned about “some inaccurate and confusing press reports”.

The LSC has therefore made a statement to unclarify the situation, dated 12 August.

The statement follows in part – with interpolations in square brackets by me.

“A lot of providers have been contacting us about the family legal aid tender, following some inaccurate and confusing press reports.”

[But given the content that follows, it must also apply to the SWL tender.]

“We are aware of concerns over allocations … Read the full post

Posted in Housing law - All and Various (non-housing). Tags: , .

What’s in a (Re)development

By David Smith on 13/08/2010. 0 Comments

Somerfield Stores Ltd v Spring (Sutton Coldfield) Ltd [2010] EWHC 2084 (Ch) (04 August 2010)

This is an interesting case from the District Registry in Birmingham. Although it actually concerns a commercial lease and therefore the Landlord and Tenant Act 1954 it also has relevance for possession actions under the Housing Act 1988 and 1985.

The claim concerns the redevelopment ground (set out in section 30(1)(f)) by which a landlord can oppose the grant of a new tenancy to the tenant on the basis that he intends to demolish or substantially reconstruct the premises. It is settled law that the word ‘intend’ in the legislation must be construed as … Read the full post

Posted in FLW case note and Possession.

Money well spent?

By J on 12/08/2010. 0 Comments

The DCLG has published a breakdown of the expenditure of the sums expended by it – and various other bodies (HCA, TSA, Leasehold Advisory Service) from April 6, 2009 – April 5, 2010. It’s all downloadable (as Excel files) from the DCLG website, here. Of course, without more information, it’s impossible to know if this was all value for money but I do confess to being rather surprised at some of the names – and amounts – on the list.… Read the full post

Posted in Housing law - All. Tags: , , .

Suspended Possession Orders and Insolvency: with benefit of transcript

By NL on 12/08/2010. 10 Comments

And as if by magic (thanks J) we have a transcript for the permission hearing judgment in Godfrey v A2 Dominion [2010] EWCA Civ 941, following our earlier note here.

Brief facts – the assured tenant ran up rent arrears. A2 began possession proceedings. Before hearing, the Official Receiver made a “debt relief order” in respect of T, within the meaning of Part 7A of the Insolvency Act 1986, as amended. That order included the rent arrears.

At hearing of the possession claim the DJ made an SPO on terms of rent plus £5 pw towards the arrears, apparently, or impliedly, refusing to stay the proceedings as per s.251(3) … Read the full post

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

Bankruptcy and possession – permission granted

By NL on 11/08/2010. 7 Comments

North British Housing v Sharples [2010] EWCA Civ 539 [Not on Bailii or Lawtel]

This is the second permission to appeal hearing on this topic that we have reported recently, after Godfrey v A2 Dominion (on which we are still seeking more detail). Sadly the transcript of the judgment in this renewed application for permission hearing is also short of detail, but it does set out the issue on appeal. More information on this case would also be gratefully received if anyone from Glaisyers (or Jan Luba QC) are reading.

The issue is whether possession proceedings are a ‘remedy against the person or the property of the bankrupt in respect … Read the full post

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

HB and IS: Breaking the link

By Dave on 09/08/2010. 2 Comments

Readers will be aware that, once an assessment of income and capital has been made for income support (IS) purposes so that a claimant is entitled to IS, a housing benefit (HB) authority is generally bound by that decision so that HB should follow automatically.  In GB v Hillingdon LBC [2010] UKUT 11 (AAC) (reported in this month’s Legal Action at 9-10), Judge Wikeley had to consider a factually and legally complex claim made by Hillingdon that it had made an overpayment to GB, the decision of the First Tier Tribunal being manifestly wrong.  Judge Wikeley sent the matter back to the first tier tribunal for a re-hearing with his … Read the full post

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