What does a potentially successful “proportionality” defence look like? To put the question slightly differently, what are the contours of proportionality in the context of mandatory possession proceedings? This is the question largely left open by Pinnock (links to our note in a new window) but one of considerable difficulty in the interim. In Pinnock, the Supreme Court helpfully observed that “The wide implications of this obligation will have to be worked out. As in many situations, that is best left to the good sense and experience of judges sitting in the County Court” (at [57]). They did set out some thoughts on the parameters of proportionality (at [61]-[64]), … Read the full post
Monthly Archive for November, 2010
Page 2 of 4
As per previous years, this is the conference for those involved in housing law. Most, probably all, of the NL team will be there. Everyone else should be too.
15 December 2010, at Royal College of Surgeons. Lincolns Inn Fields, London. 6 hours CPD for both solicitors and barristers.
The 2010 Housing Conference of the Housing Law Practitioners’ Association covers all of the controversial and significant developments in housing law and policy in 2010. From the continued debate on the role of Article 8, to the perils and pitfalls of shared ownership leases and the recent reforms to the assured shorthold tenancy regime, all these developments and more are covered in detail.
Particular highlights include:
Continuing with the (ir)regular residential leasehold update, we have Cadogan v Panagopoulos [2010] EWCA Civ 1259, on appeal from the High Court (our note, here), which was itself an appeal from the county court. I’m not going to set out the factual or legal background, as I did that last time. Basically, the case concerns whether a basement flat that is used as a resident caretaker’s flat is “common parts” for the purposes of s.2 and 101, Leasehold Reform, Housing and Urban Development Act 1993. If it was, then the respondents were entitled to acquire it and, if not, then they weren’t.
The Court of Appeal held that it … Read the full post
Tiensia v Vision Enterprises Ltd (t/a Universal Estates) [2010] EWCA Civ 1224 (11 November 2010)
This is the long awaited Court of Appeal decision on tenancy deposit protection. It is a conjoined appeal of Universal Estates v Tiensia and Honeysuckle Properties v Fletcher.
The facts of the two cases are very similar. In both cases the landlord had issued proceedings for possession for arrears of rent. The tenants had in both cases counterclaimed on the basis that the deposit was unprotected and the landlords had then put the deposits into the scheme operated by Tenancy Deposit Solutions Ltd (trading as MyDeposits) prior to the hearing of the tenant’s claim … Read the full post
Cala Homes (South) Ltd v Secretary of State for Communities & Local Government & Anor [2010] EWHC 2866 (Admin) found Eric Pickles, SoS at DCLG, acted unlawfully in scrapping the Regional Strategies for housing development, which also, lest we forget, included requirements for local authorities to identify and develop sites for travellers and gypsys. Mr Pickles had announced the decision to scrap the strategies under s79(6) of the Local Democracy Economic Development and Construction Act 2009.
Alas for Mr Pickles, this has turned out to be unlawful because:
a) the decision involved using that power for an improper purpose by “undermining the policy of the LDEDCA 2009 that there should … Read the full post
In the early part of this year, there was a rumour of a High Ct case where Art 8 was being employed against a non-public authority landlord. The case was Quadrant Brownswood Tenant Cooperative Limited v White (HC 09 C 03494). Does anyone know what happened to it?… Read the full post
Staying with the prosecution theme, LACORS, or (somewhat less snappily) Local Government Regulation as it is now called, has published a round-up of recent HMO related prosecutions.
It makes for fairly grim reading.
The maximum fine for failure to have an HMO licence or for overcrowding a property is £20,000. From the round-up it seems that the average fine is now more commonly £2,000 per property. This continues a downward trend in fine levels that has been apparent in previous prosecution summaries produced by LACORS (I am staying with the old but shorter name). In fact, the fine level now seems around the same as the costs awarded to the … Read the full post
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