Monthly Archive for May, 2011

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Eviscerated? Now also Drawn and Quartered

By David Smith on 19/05/2011. 37 Comments

Gladehurst Properties Ltd v Hashemi [2011] EWCA Civ 604 (Not on BAILII at time of writing)
UPDATE: Transcript now available on BAILII

In Tiensia LJ Sedley said that the decision of the majority ‘eviscerated’ the tenancy deposit protection legislation. The Court of Appeal has now returned to complete the job with a hanging by the neck until almost dead followed by a quartering with the body parts to be distributed throughout the kingdom.

The facts were relatively simple. Mr Hashemi was a tenant, along with a Mr Johnson, of Gladehurst Properties. The tenancy deposit of some £6,240 was never protected by G. Much of that deposit (less a deduction of … Read the full post

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

Back to the future

By NL on 18/05/2011. 0 Comments

Heartpride Ltd v Sawhney (2011) Ch D 12/5/2011 [Note on Lawtel, not elsewhere]

A case on notices of rent increase for a Rent Act tenancy given under Rent Act 1977 s.45(3). H, the landlord, had served a notice of rent increase on S, the tenant, on 27 March 2001. The Notice had been registered on 20 March 2001 and took effect from that date.

In subsequent 2007 possession proceedings for rent arrears, brought in reliance on that notice, S argued (amongst other denials) that the notice was invalid as it took effect on a date prior to it having been served upon him. The possession claim was struck out by … Read the full post

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

Judicial review costs redux

By NL on 17/05/2011. 2 Comments

We’ve seen reports of a case called R (Ambrose) v City of Westminster (Admin Court 13 May 2011. Not on Bailii or reported elsewhere so far). It was a judicial review of a refusal to provide interim accommodation pending review. Westminster had apparently decided that because they had arranged housing in Hackney, it was for Hackney to carry out an assessment under s.17 Children Act 1989, rather than refer the applicant and child to its own social services department, although the child remained in school in Westminster.

An interim order to provide accommodation pending judicial review was obtained and unsuccessfully challenged by Westminster. Westminster eventually carried out a Children Act … Read the full post

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

Ground Rent notification

By J on 17/05/2011. 4 Comments

I’ve just noticed that the Government amended the wording for Ground Rent demands (s.166, 2002 Act) on April 26, 2011 (see here: http://www.info4local.gov.uk/documents/publications/1905195). The change is in para. 3 of the Notes for Leaseholders.

It used to read:

“Section 167 of the Commonhold and Leasehold Reform Act 2002 and regulations made under it prevent your landlord from forfeiting your lease for non-payment of rent, service charges or administration charges (or a combination of them) if the amount owed is £350 or less, or none of the unpaid amount has been outstanding for more than three years.”

 

It has been changed to read:

“Section 167 of the Commonhold and … Read the full post

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

This doesn’t end here…

By J on 14/05/2011. 0 Comments

Jean-Paul and another v LB Southwark [2011] UKUT 178 (LC) is, I suspect, going to cause some difficulties for LVTs (and lawyers) up and down the country. It concerns two points. When are costs “incurred” for the purposes of s.20B, Landlord and Tenant Act 1985 and how you notify tenants of expenditure for the purposes of s.20B(2).

In outline, s.20B creates a special limitation period for service charges; the landlord must either demand them from the leaseholders within 18 months of the costs being incurred or, alternatively, must notify the leaseholders within the same period that costs have been incurred and the leaseholders will be required to pay at a … Read the full post

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

Someone to watch over me

By NL on 12/05/2011. 1 Comment

R (Nassery) v London Borough of Brent [2011] EWCA Civ 539

This was the appeal of a judicial review of Brent’s decision on provision of care and accommodation under section 21 National Assistance Act 1948.

Mr N was an Iranian asylum seeker (granted indefinite leave to remain during the course of the case). He suffered from mental illness. In late 2008 he had applied for assistance under s.21. Although he had subsequently become eligible for housing assistance under Part 7 Housing Act 1996, he did not consider that the provision of accommodation alone under HA 1996 would be suitable, so no homeless application had been made and no decision as … Read the full post

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

In the Consulting Room

By David Smith on 09/05/2011. 1 Comment

R (Baron, Peat & Othrs) v Hyndburn District Council, Administrative Court, Manchester District Registry, 14 April 2011 (Not on BAILII as yet)

J has previously alluded to this case involving an application for permission for Judicial Review of a local authority decision to make a selective licensing designation. However, we now have a full transcript.

Selective licensing is found under Part 3 of the Housing Act 2004. It allows local authorities to designate all landlords in a specified area as requiring a licence to let their property. This is only permitted if the local authority reasonably considers that the area is or is likely to become an area of … Read the full post

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