Archive for the 'assured-tenancy' Category

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Evicting rioters: a brief note

By NL on 11/08/2011. 30 Comments

As a number of Councils and Housing Associations in London, Manchester, Salford and Birmingham say that they intend to evict tenants involved in rioting (and Grant Shapps has jumped in to back them, as has David Cameron), we’ve been requested to take a quick look at the relevant grounds of Housing Acts 1985 and 1988 and consider the ramifications.

The relevant grounds for an eviction would be Ground 2 of Schedule 2 of Housing Act 1985 (for secure, Council tenants) or Ground 14 Schedule 2 Housing Act 1988 (for assured, housing association tenants). These are pretty much identical, both read:

The tenant or a person residing in or

… Read the full post

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

Not Ashored

By Francis Davey on 08/08/2011. 0 Comments

Awful title due to NL himself.

Mew v Tristmire concerned whether or not two “houseboats” were “dwelling houses let as separate dwellings” as required in section 1 of the Housing Act 1988 in order for them to be assured tenancies.

The “houseboats” appear to have been converted WWII landing craft that were, in the event, not used in the D-Day invasion. Both rested on wooden platforms so that they did not rise and fall with the tide. Both could be lifted off the platforms and removed, although one, “Emily” was fixed to an additional structure that had been added some 5 years previously and which would be damaged or destroyed … Read the full post

Posted in assured-tenancy and Uncategorized. Tags: , , , .

And what kind of chocolate would you like your teapot?

By NL on 04/08/2011. 7 Comments

The DCLG has put out a consultation, announced by Grant Shapps (again), on proposals to bring in a mandatory ground for possession for Anti Social Behaviour. The closing date is 27 October 2011.

I had a look at Shapps’ initial announcement back in January. This time there is a bit more detail. Has it got any better or indeed more sensible?

Briefly, the proposal is to bring in a whole new process rather than to amended or add to existing grounds for possession in Housing Act 1985 or Housing Act 1988. The model is the Introductory Tenancy possession procedure.

The trigger is “serious housing-related behaviour which has already been … Read the full post

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

The Localism Bill: Rush, rush, rush …

By Dave on 29/07/2011. 0 Comments

It is certainly not a truism that legislation which is given the closest possible scrutiny is thereafter free from doubt – consider, for example, the Law of Property (Miscellaneous Provisions) Act 1989, which we always used to call the mysterious provisions Act because nobody was quite sure what its ambit was (as has subsequently proved to be the case).  However, it is a pretty good rule of thumb that legislation which is rushed through without proper consideration or proper consultation is going to be laden with doubt – consider the rent deposit debacle on which my colleagues at NL have been moved to comment on endlessly.  Further, when that legislation involves … Read the full post

Posted in Allocation, assured-tenancy, FLW article, Homeless, Housing law - All, Regulation and planning and secure-tenancy. Tags: .

Short of Money but Not Short of Rent

By David Smith on 19/07/2011. 21 Comments

Christina Sharples v Places for People Homes Ltd, Stephen Godfrey v A2 Dominion Homes Ltd [2011] EWCA Civ 813

This is actually two appeals which deal with an important question about insolvency and bankruptcy and whether monies that form part of the bankruptcy can be counted as arrears of rent for the purposes of obtaining possession.

Facts
Both Ms Sharples and Mr Godrey were assured tenants of their respective landlords and both were in arrears of rent. Ms S had possesion proceedings commenced against her but these were adjourned generally on condition she made monthly payments. She failed to do so but then declared bankruptcy prior to the reinstated proceedings … Read the full post

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

Standards in private renting: A bit of a mess?

By Dave on 08/07/2011. 0 Comments

My good friend, Alex of Alex’s Archives, has sent me a link to a discussion in the GLA corridors of power on standards in the private rented sector.  I haven’t finished listening to the GLA debate, but, as Alex said in his email, it does expose some “shaky understandings” of the law.  Alex has written at some length about regulation of private renting, most recently about rogue landlords, and there has been the Shapps announcement in Harrogate that standards would be imposed on private rented properties for homeless households (cf his press notice last year that there would be no more red tape for private landlords; and his … Read the full post

Posted in Assured Shorthold tenancy, assured-tenancy, Disrepair, FLW article, Homeless and Housing law - All.

Hand me downs

By NL on 15/06/2011. 2 Comments

Crown Estate Commissioners v Peabody Trust & Poplak [2011] EWHC 1467 (Ch) [link to PDF]

As we noted a while ago, the transfer of the Crown  Estates Commissioners social housing estates to the Peabody Trust had brought about a test case on the status of those tenants who had been regulated tenants (protected or statutory) under Rent Act 1977. This is that case in the High Court. It is also something like the ultimate rebuttal to anyone who suggests housing law is straightforward. Hold on to your amended statute, it is going to be a very bumpy ride.

It was common ground that these tenants ceased to be regulated … Read the full post

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