Category Archives: Housing law – All

Spencer v Taylor – section 21 news

The Appellant tenant in Spencer v Taylor [2013] EWCA Civ 1600 (our note here) has had permission to appeal to the Supreme Court refused, on the grounds that it did not raise an arguable point of law.

This means that the Court of Appeal decision stands. Where an assured shorthold tenancy has had a fixed term and a statutory periodic tenancy has arisen, there is no requirement to use a s.21(4)(a) notice, or have a date of expiry at the end of a period of the tenancy. A section 21(1)(b) notice with two clear months notice is adequate.

Where a tenancy was periodic from the start, or where … Read the full post

Also posted in Assured Shorthold tenancy, Housing law - All, Possession | | Tagged | 5 Comments

Pyrrhic victory corner: Costs on appeal from a small claim

Akhtar v Boland [2014] EWCA Civ 943

Just a quick note on this one, after a conversation with a colleague reminded me I hadn’t written it up.

The details of the case need not detain us, it was a PI case which had been allocated to the small claims following admissions by the Defendant. The Claimant appealed on the basis that it should have been allocated to the fast track, and then appealed to the Court of Appeal. The appeal was unsuccessful in the Court of Appeal. The Defendant sought its costs of that appeal.

The Court of Appeal notes the CPR provisions:

CPR 27(14) provides, so far as relevant:

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Trouble out west

In O’Brien v Bristol CC [2014] EWHC 2423 (Admin) [heard at the RCJ instead of in the Bristol admin court?  Not on Bailii yet but we have seen a transcript], a range of issues arose out of the council’s decision to seek and obtain a possession order of an unauthorised encampment below the M5 at Avonmouth.  The real aim of this judicial review, though, was not the possession order, but the council’s decision not to allow the O’Brien’s and their four caravans to return to the temporary transit site, which had available pitches.  The O’Briens had stayed at that temporary site for the allowable period (13 weeks) and had been … Read the full post

Also posted in FLW article, FLW case note, Homeless, Housing law - All | | Tagged , , | 3 Comments

Reforming a bad policy, badly.

There has been a lot of noise about the Lib Dem’s change of position/u turn on the bedroom tax announced on Wednesday. Out of that noise, it has been possible to glean a little detail about what Nick Clegg, Danny Alexander and the Lib Dem leadership are proposing as their position. In particular, this Channel 4 news interview with Danny Alexander repays watching. (Apart from the fact that it is a spectacular car crash, in which Danny Alexander tries and fails to cope with the point that everyone knew, before the bedroom tax was introduced, what the effects would be, so trying to rely on the ‘now we know’ DWP … Read the full post

Also posted in Housing law - All | | 5 Comments

Ghopee. Hopeless.

Dunfermline Building Society v Ghana Commercial Finance Ltd & Ors (2014) QBD (Merc) 16 July 2014 [Not on Bailii. Lawtel note of extempore judgment.]

Regular readers will know of our interest in Mr Dharam Ghopee (or Gopee), our very favourite unlawful money lender to vulnerable individuals  at hugely extortionate if unenforceable rates. It appears that as well as skating on extremely thin ice with the Mercantile Court (to the point where all possession cases, by all his companies, are stayed, struck out or set aside), Mr Ghopee has been pursuing other litigation against relatively bona fide lenders (presumably over possession and charges) on behalf of his companies.

And … Read the full post

Also posted in Housing law - All, Mortgage possession, Possession | | Leave a comment

My Left Shin

In years to come, we may all wonder what all the fuss was about, but Tuesday’s judgement in R (Public Law Project) v the Secretary of State for Justice  has provided some relief and not a little amusement to legal aid practitioners girding themselves for yet another grim landmark in the legal aid story: the residence test.

The test, to recap, is intended to exclude from a number of publicly funded services (including housing) those individuals who are not lawfully resident in the UK, Channel Islands, the Isle of Man or a British Overseas Territory and have not at any time been lawfully resident for a period of 12 consecutive … Read the full post

Also posted in Housing law - All, Various (non-housing) | | 1 Comment
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