Monthly Archive for March, 2011

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On the naughty step: Bait and Switch

By NL on 19/03/2011. 14 Comments

I don’t read the Daily Telegraph. Frankly I’ve failed to see the point since it stopped featuring details of the salacious trial of the day as a regular fixture on page 3, because the rest of it was preposterous blimpish nonsense, mainly full of regret that Britain ever came off the gold standard. I was dimly aware that it had a re-design some years ago and was trying to be hip, which is like Tunbridge Wells re-branding itself as Barcelona, or the journalistic equivalent of dad-dancing.

Still, it is a broadsheet newspaper, with small print, a serif typeface and the occasional long word, so it has pretensions to being … Read the full post

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

The Schleswig-Holstein Question

By J on 18/03/2011. 5 Comments

As Lord Palmerstone might have said: “Only three people have ever really understood this eligibility business – the Prince Consort, who is dead – a German professor, who has gone mad – and I, who have forgotten all about it.” That, frankly, sums up my (and, I suspect, your*) view of eligibility and Part 7, Housing Act 1996.

Sadly, as all housing lawyers know, it’s impossible to understand homelessness law these days without also having a basic grasp of immigration law and, of course, the rights of EU nationals. Since 2004, there has been (in effect) a two-tier system for EU nationals, with nationals of the A8 states (Czech Republic, … Read the full post

Posted in Homeless and Housing law - All.

Two bites of the cherry?

By J on 18/03/2011. 0 Comments

The Upper Tribunal (Lands Chamber) has, in Earl Cadogan v Cadogan Square Properties Ltd [2011] UKUT 68 (LC), had to grapple with two significant procedural questions involving the LVT and enfranchisement.

Cadogan Square Properties Ltd was the nominee purchaser (i.e. a company formed by leaseholders for the purpose of acquiring the freehold) of 23 Cadogan Square. The parties were unable to agree the purchase price and the matter was referred to the LVT, which determined the price at a little over £2 million. Both parties appealed. Between permission to appeal being granted and the substantive appeal coming on for hearing, the Court of Appeal gave judgment in McHale v … Read the full post

Posted in Housing law - All and Leasehold and shared ownership.

A (further) symbolic consultation

By Dave on 18/03/2011. 0 Comments

Readers of my previous notes of the “consultation” exercises undertaken by the coalition government will readily appreciate that I am not the best person to write about a further symbolic consultation, being lead by DCLG, on what it terms “burdens” (indeed, such is the normalised use of this expression that the email address to respond to this consultation is pejoratively: burdens@communities.gsi.gov.uk) as part of the “direction of travel” to decentralisation (dontchajustlove those euphemisms). It transpires that “burdens” refers to every single statutory duty affecting local government, including those imposed by SI and guidance. So far, 1294 such duties have been identified by DCLG – I feel for the poor … Read the full post

Posted in Community care, FLW article, Homeless, Housing law - All and Regulation and planning.

It is a truth universally acknowledged…

By NL on 14/03/2011. 13 Comments

…that if a disrepair claim reaches trial these days, then one of three options must be true:
a) there is a genuine and substantive issue of causation or liability (rare as hens teeth);
b) one or perhaps both of the parties are mad;
c) a combination of the above.

White v Quadrant Brownswood Tenants Co-op [2011] EWCA Civ 239 [not on Bailii yet, but we've seen a transcript] was a permission to appeal hearing on the Defendant’s renewed application for permission. Once I’ve gone through the details, I’ll leave you to draw your own conclusions as to which of the options, if any, applies here.

Mr White was the tenant … Read the full post

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

What to do?

By NL on 08/03/2011. 8 Comments

Carmarthenshire CC v Lewis [2010] EWCA Civ 1567

Another tug of the forelock to ‘Recent developments in housing law’ in Legal Action for this one, apparently unreported elsewhere. [Update 14/03/11 - we've had a message from Carmarthenshire on this case, see below.] [update 22/03/2011 Now on bailii, link added.]

This was a permission to appeal hearing and the full appeal is forthcoming. It bears on the considerable difficulties arising from questions of whether a party has capacity under CPR 21. As most practitioners will no doubt have experienced, this is never an easy situation, with tricky questions of judgement involved. However, the rule is that no further steps after issue … Read the full post

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

Unlawful eviction quantum – assault and expulsion

By NL on 07/03/2011. 5 Comments

The usual hat tip to ‘recent developments in housing law’ in Legal Action for this one, and also Mick O’Sullivan at Avon and Bristol Law Centre.

Boyle v Musso, Bristol County Court 25/10/2010

Mr Boyle was an assured shorthold tenant. There had been a dispute with the landlord, Mr Musso about Mr B withholding rent due to flooding in the property. Soon afterwards, in October 2008, Mr M came to the property with another man. Mr B was punched to the ground by Mr M and both men then stamped on him.

Mr M was convicted at Bristol Magistrates of assault occasioning actual bodily harm, with a 24 week … Read the full post

Posted in Assured Shorthold tenancy, FLW case note, Housing law - All and Unlawful eviction and harassment.
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