Archive for the 'Introductory and Demoted tenancies' Category

Proportionality, Section 21 and starter tenancies

By NL on 22/04/2012. 2 Comments

Another RSL ‘starter tenancy’ and s.21 case, albeit one that marginally pre-dated West Kent HA v Haycraft, is The Riverside Group Limited – v – Sharon Thomas [2012] EWHC 169 (QB) 2 March 2012 (Manchester District Registry) [Not on Bailii. We've seen a transcript].

This will be a quick note, as the general principle has been established that proportionality defences are available for Housing Association ‘starter tenancies’, being assured shorthold tenancies, where possession is sought via section 21 notice. In addition, Ms Thomas was in person, and failed to appear, after her solicitors came off the record for lack of co-operation, so the extent of argument was limited.

Ms … Read the full post

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

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.

Single room rate and social housing

By NL on 14/03/2012. 22 Comments

[Updated 15 March, see below]

Joe Halewood, who runs a fine blog on supported housing at SPeye, has unearthed a rather alarming statement from the DWP buried in the impact assessment on under occupation changes to HB for social housing from October 2011. The passage (at para 5) reads:

“From 1 April 2013 it is intended to introduce size criteria for new and existing working-age Housing Benefit claimants living in the social rented sector. The size criteria will replicate the size criteria that apply to Housing Benefit claimants in the private rented sector and whose claims are assessed using the local housing allowance rules”

 

The implication is that … Read the full post

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

Successful gateway (b) defence!

By Dave on 14/02/2012. 6 Comments

London Borough of Southwark v Hyacienth 22.12.2011 is that incredibly rare, beautiful thing: a successful gateway (b) defence to a mandatory possession claim in relation to an introductory tenancy.  At least, I think it is: unfortunately, it’s not clear whether it is a successful proportionality defence, and the circuit judge (who shall remain nameless as a result) also confuses gateway (a) and (b).  [The relationship between proportionality and gateway (b) seems to me to be an interesting question and one which I've had a bit of a battle with an anonymous academic reviewer about, but that's another story].  But, so what; and thanks to David Thomas, Ms Hyacienth’s solicitor, for … Read the full post

Posted in FLW case note, Housing law - All, Introductory and Demoted tenancies and Possession. Tags: , .

Proportionality. A precis on ‘summary’

By NL on 08/11/2011. 7 Comments

Holmes v Westminster City Council [2011] EWHC 2857 (QB)

An interesting appeal from a summary possession order on the issue of consideration of proportionality. While the outcome is not, perhaps, a surprise, some of the arguments are. Plus this is an example of the High Court grappling with how the County Court should approach a summary possession claim, post Pinnock and Powell.

Mr H had a non-secure tenancy from Westminster as temporary accommodation following Westminster accepting a s.193 Housing Act 1996 duty in 2005. In 2009, Westminster told Mr H it had discharged duty following his failure to attend two appointments for inspection of his accommodation. Mr H requested … Read the full post

Posted in FLW case note, Homeless, Housing law - All, Introductory and Demoted tenancies, Licences and occupiers and Possession. 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.

Safe European Home*

By NL on 07/06/2011. 6 Comments

We noted J. L. v the United Kingdom here. Now there are two further English possession cases at the ‘questions to the parties’ stage of the European Court of Human Rights.

Birch and Others v UK Application no. 26393/10

Birch arises out of possession proceedings brought by Bedfordshire DC on a property which had been leased, short term, to a housing association which had, in turn licences a co-op group to grant assured shorthold tenancies to occupiers on its behalf. The lease had been granted in 1993 and expired in 1996. It was not renewed but negotiations went on and the co-op continued to grant ASTs to occupiers. In 2006, … Read the full post

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