Monthly Archive for August, 2011

Sinking feeling

By NL on 30/08/2011. 10 Comments

I’m afraid that this is beyond parody, but couldn’t go unremarked. Anyway, it is a quiet time for judgments.

Today the National Housing Federation took the view that housing provision in the UK, or England at least, is basically demented, with millions to be locked out of property ownership, but the resulting demand for private rental properties (given the lack of social housing) is putting private rent levels up to unaffordable levels.

The Housing Minister, Grant Shapps, took to the broadcast media to announce how his policies would improve things – according to his twitter feed (@grantshapps), there were some 6 or 7 recorded or live appearances.

And what … Read the full post

Posted in FLW article and Housing law - All.

Ain’t no Cicero

By NL on 19/08/2011. 8 Comments

This, the second post on the riot related possession proposals (the first is here), looks at an article published on the ConservativeHome website by Jake Berry MP, Parliamentary Private Secretary to Grant Shapps, and Tory MP for the gritty urban constituency of Rossendale and Darwen in Lancashire.

OK, that last bit may be a bit of a fib, but the roads, lanes and bridle ways of Rossendale and Darwen are, it would seem, not without tensions.

“The community in Rossendale and Darwen is strong, with the glue of fantastic schools, strong churches, youth clubs and community groups binding us together. Even with our strong society, we have to

… Read the full post

Posted in ASB, assured-tenancy, Housing law - All, Possession, secure-tenancy and Various (non-housing).

Losing localism

By NL on 18/08/2011. 10 Comments

Or, more accurately ‘locality’. Sorry if that got anyone excited over nothing.

As has been widely announced, the DCLG consultation on introducing a mandatory ground for possession on grounds of conviction for a housing related ASB offence etc, previously discussed here, has been amended to include a question on amending Ground 2 of Schedule 2 to the Housing Act 1985 and Ground 14 of Schedule 2 to the Housing Act 1988 to remove the locality condition for certain offences. The amended consultation paper is here. The closing date is 7 November 2011

This is an exercise in two parts. In this, the first, I’ll outline and discuss the … Read the full post

Posted in ASB, assured-tenancy, FLW article, Housing law - All, Possession and secure-tenancy.

Starter tenancy: proportionality ‘just about arguable’

By NL on 16/08/2011. 18 Comments

West Kent Housing Association v Haycraft [2011] EWCA Civ 992 (Not on Bailii. We’ve seen a transcript)

This was a renewed application for permission to appeal to the Court of Appeal on a second (or perhaps first- see below) appeal from the granting of a possession order. The ground of appeal was that the appellant tenant had a defence of proportionality which had not been considered by the District Judge and not considered adequately by the Circuit Judge in dismissing the first appeal.

Mr H had a starter tenancy (or AST) from West Kent Housing Association, an RSL/PRPSH. In January 2010, the RSL had a meeting, described as a re-hearing … Read the full post

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

Wandsworth: headed for the naughty step?

By NL on 15/08/2011. 43 Comments

As is now pretty well known (and as I noted in the comments below this post) Wandsworth Council apparently made a bid to bring the first riot related possession proceedings. There are some things about Wandsworth’s behaviour that should be pointed out, but it also turns out that all might not be as it seems, leaving some questions for Wandsworth to answer.

Sadly, I’m going to have to link to some sources (including the Daily Mail) that identify the Wandsworth tenant and her son, who is the alleged rioter. I’m not going to use their names because, at least at present, I see no reason to do and quite … Read the full post

Posted in ASB, Housing law - All, Nuisance, Possession and secure-tenancy. Tags: , , , .

Unaccompanied Service Charge demands

By J on 15/08/2011. 5 Comments

Tingdene Holiday Parks Ltd v Cox and others [2011] UKUT 310 (LC)

By s.21B, Landlord and Tenant Act 1985, a demand for the payment of service charges must be “accompanied” by a summary of rights and obligations of tenants in relation to the same. The form of that summary is prescribed by the Service Charges (Summary of Rights and Obligations, and Transitional Provisions) (England) Regulations 2007 (as amended; similar provisions exist in Wales). In the present case, demands were sent in 2008 and 2009 but the prescribed information was not sent until shortly afterwards. The LVT found that this was not compliance with s.21B, 1985 Act, as the prescribed information … Read the full post

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

‘Not otherwise available’

By NL on 14/08/2011. 3 Comments

SL v Westminster City Council & Ors [2011] EWCA Civ 954

This is a significant judgment by the Court of Appeal on the ambit of s.21(1)(a) National Assistance Act 1948. It addresses the interrelation of ‘care and attention’ and the provision of accommodation. While the decision does not follow the Local Authorities’ demand that ‘care and attention’ must be such that it cannot be provided otherwise than by provision of accommodation, it does moderate, or limit, the division of asylum seekers (and failed asylum seekers) into the able bodied, for whom any assistance was only by NASS (now UKBA), and the infirm, who fell under s.21(1)(a).

The High Court judgment … Read the full post

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