Monthly Archive for June, 2011

A few small tweaks

By NL on 27/06/2011. 5 Comments

As visitors to the site may have noticed, I’ve made a few changes (and apologies to anyone who visited on Sunday and got 4 or 5 different and rapidly changing versions of the site).

The problem was that having 10 full posts on the front (and subsequent) pages was making the site slow to load and difficult to read, particularly for anyone checking for updates.

So I’ve changed it. Now an excerpt of 130 words of each post appears on the front (and subsequent) pages, and in search results, with a ‘read more’ link to the full post.

I’ve also cut down the number of posts on the front page … Read the full post

Posted in Various (non-housing).

Speak up

By J on 27/06/2011. 4 Comments

Southall Court (Residents) Ltd v Tiwari and another [2011] UKUT 218 (LC) will, I suspect, become a bit of a landlord favorite case over the next few years as it contains two passages that they’re likely to be rather pleased about.

Southall Court is a block of 48 flats in Middlesex. The landlord sought a determination under s.27A(3), LTA 1985, that £2,000 (odd) of service charges were payable on account of major works. The LVT found that just under £500 was payable. The main difference relates to roof repairs. The landlord said that the roof needed total replacement. The LVT disagreed, and took the view that the roof could last … Read the full post

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

Dealing, closure and possession

By NL on 26/06/2011. 0 Comments

Hammersmith and Fulham LBC v Forbes Willesden County Court 14 April 2011

While we are on County Court proceedings based on drugs and nuisance (see the previous post), this is a possession case following closure orders and allegations of dealing. Hat tip to ‘Recent Developments in Housing Law’ Legal Action June 2011 for the details.

Mr Forbes was Hammersmith’s secure tenant and had lived in the property for 31 years. He was a heroin addict. There were no nuisance issues prior to June 2010. Between June and October 2010 residents made complaints that Mr F was dealing drugs. The police raided and found a small quantity of heroin. Mr F … Read the full post

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

Mudslinging, evidence and possession of different kinds

By NL on 26/06/2011. 2 Comments

Barking & Dagenham LBC v Bakare, Imevbore & Imevbore. Romford County Court 14/03/2011 HHJ Platt [unreported elsewhere]

A county court case, but one with some interesting issues. Also a cautionary tale on being able to actually provide evidence of allegations and raising matters in the right proceedings.

Barking had applied within existing possession proceedings for a final order for possession of a property under Grounds 1 and 2 of Schedule 2 of the Housing Act 1985 against Ms Bakare. Barking also claimed against the second and third defendants (who are the adult sons of the first defendant) for anti social behaviour orders under section 1 of the Crime and … Read the full post

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

Exquisite irony

By J on 24/06/2011. 9 Comments

Zinda v Bank of Scotland [2011] EWCA Civ 706

In short, as you all know, the combined effect of ss.36 and 8, Administration of Justice Acts 1970 and 1973 is to allow a court hearing a claim for possession based on mortgage arrears, to, amongst other things, make suspended possession orders. The usual form of order is usually expressed as “CMI plus £x per month”, so as to ensure that the current monthly installments are paid, together with a sum to pay off the arrears over time.

The actual form of order is an N31. That provides that the order is suspended so long as the occupier pays £X off … Read the full post

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

Ask not for whom the bill tolls

By NL on 21/06/2011. 15 Comments

Closed Temple BarSo there we are – the Legal Aid bill, helpfully called the Legal Aid, Sentencing and Punishment of Offenders Bill, lurched into the light today, accompanied at the same time by the Consultation response [at the bottom of the page]. Some of us saw the bill this morning after it went up on the Parliament site, only to be hastily (but not hastily enough) taken down again (Well done iLegal).

And what does it mean? Pretty much exactly what the initial proposals set out. Oh and the LSC is to be abolished. The MoJ will take legal aid funding decisions in house, with no prospect of possible conflicts … Read the full post

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

Tenancy Deposits Back in the Localism Bill

By David Smith on 21/06/2011. 0 Comments

We have previously posted on amendments to the Localism Bill tabled in Commons committee which would have had the effect of rewriting the tenancy deposit protection provisions in the Housing Act 2004.

The changes were designed to reset the position back to that which was set out by the government when it originally put the provisions forward and before the legislation was undermined by a number of Court of Appeal decisions.

The amendments were not supported by the Government in Commons committee and were withdrawn on the basis that an alternative would be put in place. However, there has been no alternative forthcoming thus far and time is getting short.… Read the full post

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