Author Archive for S

More than a minor problem

By S on 28/03/2012. 12 Comments

We have news of a recent, and rather important, county court case concerning the termination of a tenancy which had been purported to have been granted to a minor, but who had since turned 18. The case in question is Croydon LBC v Tando.

You may recall that in Alexander-David v Hammersmith & Fulham LBC [2009] EWCA Civ 259 the Court of Appeal held that a landlord is unable to determine a tenancy held by a minor, because, by way of Sch.1, para.1, Trusts of Land and Appointment of Trustees Act 1996 (“TLATA”), the landlord holds the tenancy on the trust for the minor (the minor not being able to hold … Read the full post

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

Nothing ever really changes, does it?

By S on 20/03/2012. 5 Comments

Corby BC v Scott & West Kent Housing Association v Haycraft [2012] EWCA Civ 276  are the first cases that have required the Court of Appeal to consider and apply the guidance given in Powell v Hounslow LBC [2011] UKSC 8 & Pinnock v Manchester CC [2010] UKSC 45 (our notes here & here).

Facts – Scott

In December 2009, Ms Scott was granted an introductory tenancy by Corby. In May 2010 she began to accrue arrears of rent and by August 2010 she owed £285. Corby served a notice of possession proceedings, but shortly afterwards Ms Scott’s mother cleared the arrears. Rather than issuing a claim for … Read the full post

Posted in Assured Shorthold tenancy, FLW case note, Housing law - All and Introductory and Demoted tenancies.

Local pitches for local people

By S on 22/02/2012. 8 Comments

R (McDonagh) v Hackney LBC , Administrative Court, February 15, 2012 [not on bailii - taken from a Lawtel note] concerned a claim for judicial review brought by a traveller against Hackney’s policy regarding the allocation of its caravan pitches for travellers.

In June 2011, there were only 27 residential caravan pitches within Hackney and only 456 residential sites in London as a whole [not included in the Lawtel note, but reported in Read the full post

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

R (R) v Croydon LBC – A call for information

By S on 13/02/2012. 1 Comment

In R. (R) v Croydon LBC, February 10, 2012, Administrative Court [not on bailii - taken from a lawtel note] the Administrative Court was asked to determine whether the applicant was a former relevant child for the purposes of s.23C Children Act 1989.

The applicant was an Afghan national. Upon arriving in the UK he made an asylum application and claimed he was 15 years old. The UK Border Agency did not accept that was his age and referrred him to Croydon for their social services department to carry out an assessment as to his age. Croydon, after assessining the applicant, decided he wasn’t 15 and that he was in … Read the full post

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

Section 20B again…

By S on 27/01/2012. 5 Comments

Om Property Management Ltd. v Burr [2012] UKUT 2 (LC) [not yet on bailii - we've got a transcript] was another case concerning the interpretation of s.20B, Landlord and Tenant Act 1985. Section 20B is of course the provision that renders service charges irrecoverable if the landlord does not demand payment, or at least warn the tenant that a payment will be required, within 18 months of the service charge costs being incurred. Here the Upper Tribunal was required to consider at what point in time service charge costs became incurred.

In November 2007, through no fault of its own, the Appellant management company found itself with a gas bill … Read the full post

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

Vexatious litigants in the LVT

By S on 27/01/2012. 0 Comments

In Attorney General v Singer & Singer, Divisional Court, January 24, 2012 [taken from a lawtel note - not on bailii], the Attorney General sought a civil proceedings order, under s.42, Senior Courts Act 1981, against Mr & Mrs Singer. The effect of such an order is that no civil proceedings or civil applications may be made by the person subject to the order without the leave of the High Court. The High Court may make such an order, on an application by the Attorney General, if satisfied that a person has habitually and persistently instituted vexatious civil proceedings or applications in either the High Court or any inferior court.… Read the full post

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

When everyone agrees

By S on 31/12/2011. 0 Comments

Southwark LBC v Leaseholders of the London Borough of Southwark [2011] UKUT 438 (LC) [not yet on bailii] was an appeal brought by Southwark against the decision of the LVT (our report here) not to grant them dispensation from complying with the requirements of paragraphs 4 and of Schedule 2 to the Service Charges (Consultation Requirements) (England) Regulations 2003 (“the Regulations”) in respect of five major works agreements which the authority had entered into to repair and renew their housing stock.

In case you had forgotten, an agreement between a landlord and a contractor for works to be carried out over a period of 12 months or more … Read the full post

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