Deckchairs/Titanic: New Allocations Code

The new allocation code of guidance was published by DCLG today – it had been trailed a little and the smiling face of Grant Shapps appears in a Murdoch rag today (he tweeted the story this morning).  There are some interesting snippets in it but, in truth, without detailed micro-examination in a specific case/local authority, […]

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The Cold Renormalisation

Liverpool City Council v Kassim [2011] UKUT 169 (LC) A thank you to the EHP who brought our attention to this case. The full decision is also available as a pdf at the end of their post until the Lands Tribunal catches up. Mr Kassim owns a rented flat. It was inspected by Liverpool who […]

The Only Way in Essex

[amended on 4/7/12] This is a note of a homelessness appeal which was heard on 9/3/2012 by HHJ Worster in Birmingham County Court. The case was run by the Community Law Partnership and by counsel, James Stark, who kindly provided a transcript of the judgement. Essex v Birmingham CC  concerns the exercise of a court’s […]

The Norwegian Blue

Lindheim and others v Norway 13221/08 & 2139/10 is a case about leasehold enfranchisement, Norwegian style. I wanted to cover it because it might have some relevance to domestic enfranchisement law* and because there are references to a proportionality analysis in an A1/P1 case. So, there are several hundred thousand leaseholders in Norway. It seems […]

Introductory tenancies and s129 reviews – no conditions please

London Borough of Camden v Stafford [2012] EWCA Civ 839 This case revolves around the question of whether a review under s129 Housing Act 1996 does or doesn’t uphold the original decision to serve a notice. In particular, when the decision may state that the service of the notice is upheld but then sets out […]

Double plus ungood

The lovely, smiling Grant Shapps, Housing Minister, who clearly in no way whatsoever wants to distract attention from the recent kerfuffle over his alleged misleading of Parliament through dodgy use of statistics (hereafter Shapptistics), has announced the Government’s support for a private member’s Bill. The purpose of this Bill? Why, it is to criminalise sub-letting […]

Judicial review of a closed minded appeal

Sharing, R (on the application of) v Preston County Court [2012] EWHC 515 (Admin) [Updated 20 June 2012 to make clear this was a permission to appeal decision, not an appeal hearing] This is by any measure an unusual case. It is a judicial review of the conduct of an application for permissiono to appeal […]

New LVT procedural rules: a consultation

It’s been promised for a while now. The merger of the LVT (in its various forms, RAC, RPT, etc) into the Tribunal Service as a First Tier Tribunal. And so we finally have the details. In Consultation on proposed new (First Tier Tribunal) (Property Chamber) Rules 2013, the MoJ has given us details of the […]

Strengthening Powers of Possession for Anti-Social Behaviour

You may recall that, on August 3, 2011, the Government launched a consultation paper on its proposals to introduce a “mandatory power of possession” against tenants who are responsible for acts of anti-social behaviour. On August 15, 2011, following the riots in England, the consultation was widened to include a new discretionary ground for possession […]