Archive for the 'Introductory and Demoted tenancies' Category

Page 2 of 4

Brave New World or Same Old Story

By chief on 04/11/2010. 28 Comments

Pinnock v Manchester City Council [2010] UKSC 45 (Supreme Court pdf & BAILII links)

Whenever a battle weary group of housing lawyers gets together, conversation inevitably turns (after the routine complaints about the less congenial DJs) to the thorny issue of which is the most important housing law case of all. While bizarre to the outsider, this ritual actually takes the form of a Mornington Crescent-style game, in which the aim is to get to Street v Mountford before somebody plays Puhlhofer and ruins the whole thing. The route to get there varies, although it will normally take in Awua, Pereira, Runa Begum, Din v Wandsworth… Read the full post

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

Pinnock forthcoming…

By NL on 16/10/2010. 2 Comments

It appears that the Supreme Court judgment in Manchester CC v Pinnock is due to be handed down on 3 November. Anticipation runs wild, particularly to see what the response, if any, is to Kay v UK.… Read the full post

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

Five go to Mornington Crescent

By Dave on 05/04/2010. 9 Comments

[aka Three out of the Five go ever so slightly bonkers on the way to Mornington Crescent, and one of those three gets lost on the way]

On the Radio 4 show, I’m sorry I haven’t a clue, there is a game called Mornington Crescent, in which there are no rules and the outcome is irrelevant as the show is more important than the game.  It is a surreal game in which the winner is the first person to say “Mornington Crescent”.  I was reminded of that game when reading the five cases wrapped up in Salford City Council v Mullen [2010] EWCA Civ 336, which J termed “… Read the full post

Posted in ASB, FLW case note, Homeless, Introductory and Demoted tenancies, Licences and occupiers, Possession and Uncategorized.

Catching up with LAG

By NL on 16/01/2010. 6 Comments

The January 2010 Housing updates in Legal Action have some County Court case reports that hadn’t reached us. You will naturally have already read them in Legal Action, but for our archives…

Tenancy Deposits
O’Brien v Hill Barnet County Court 22/09/2009
Mr O’Brien granted Mr Hill a 12 month AST on 9 June 2008. He served a s.21 Notice on 12 June 2008. On 2 July 2008, the landlord received the payment of the deposit from Barnet Council, which had agreed to pay the deposit on Mr Hill’s behalf, and the deposit was protected on 7 July 2008. Some time later Mr O’Brien brought accelerated possession proceedings relying on the … Read the full post

Posted in Assured Shorthold tenancy, assured-tenancy, Deposits, Disrepair, FLW case note, Housing law - All, Introductory and Demoted tenancies and Unlawful eviction and harassment. Tags: , .

Pinnock Permission

By NL on 11/12/2009. 6 Comments

We’ve just heard that Pinnock in Manchester CC v Pinnock has been given permission by the Supreme Court. Our note of the Court of Appeal case is here ([2009] EWCA Civ 852). We had wondered about permission after Central Beds v Taylor was refused.

I would have thought anyone defending possession proceedings for an introductory or Demoted tenancy would be looking to stay pending Pinnock, at least in the absence of continuing ASB or other serious and pressing facts.

Garden Court North have a note here.… Read the full post

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

New Local Authority Allocation Guidance

By NL on 05/12/2009. 2 Comments

DCLG has released the new Code of Guidance for Local Authority allocation of housing. There is a slightly unfinished page about it here and a press release here. The Code of Guidance itself is here [link to pdf].

We will come back to the Guidance in a proper post soon, but the stated principle is:

The guidance makes clear that first priority for housing must be given to those in greatest housing need. But it also encourages local authorities to make greater use of the existing freedoms and flexibilities to prioritise needs specific to their local area. It also encourages them to do more to involve and inform their

… Read the full post

Posted in Allocation, Housing law - All, Introductory and Demoted tenancies and secure-tenancy. Tags: , .

Unwelcome in the valleys

By NL on 14/09/2009. 0 Comments

While we are in Wales and with thanks to the Garden Court housing bulletin, we report an Ombudsman’s decision Complaint against Cardiff CC 200702358 [pdf]

Mr Davies and Miss Brown complained about Cardiff Council’s failure to deal with noise nuisance and threatening behaviour from Mr Williams over a period of some years. All parties were Council tenants, Mr Williams lived in the flat below the complainants.

The Council’s failure to deal with Mr Williams had been the subject of a previous Ombudsman’s report in 2007 (200501496/7/8), which had made extensive recommendations on Cardiff’s handling of ASB. Mr Williams had been transferred, but to a nearby flat, in the course of … Read the full post

Posted in ASB, Housing law - All, Introductory and Demoted tenancies, Possession and secure-tenancy. Tags: , , , , .
row of sheds footer image
4 pages