Archive for the 'Introductory and Demoted tenancies' Category

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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: , , , , .

HLPA Conference

By J on 29/08/2009. 1 Comment

The Housing Law Practitioners Association (“HLPA”) host their annual conference on December 15, 2009 at the Royal College of Surgeons, London. Details have just been released (with more to follow later in September) and can be found at www.profbriefings.co.uk/hlc2009.

Highlights include:

(a) Richard Drabble QC giving the key note speech. Richard has had a very active year in the housing field having appeared in Manchester CC v Pinnock, R (Weaver) v L&Q, Hanoman v LB Southwark and Austin v LB Southwark;

(b) Jan Luba QC outlining the expected developments in housing law in 2010. Given that Jan’s work in Holmes-Moorhouse v LB Richmond, Austin v LB Southwark… Read the full post

Posted in Allocation, ASB, assured-tenancy, Community care, Homeless, Housing law - All, Introductory and Demoted tenancies, Mortgage possession, Nuisance, Possession, right-to-buy, secure-tenancy, Succession and Tolerated trespasser.

Pinnock and Proportionality

By Dave on 31/07/2009. 9 Comments

The CA have just handed down judgment in Manchester CC v Pinnock[2009] EWCA Civ 852, concerning the evidence that can be taken into account to justify a breach of a demoted tenancy at a review panel, the proper role of the County Court in such a circumstance, and the standard to be applied on a judicial review of a review panel decision. It is significant then in the context of demoted tenancies and demonstrates also that the proportionality standard is subject-specific. Manchester won by the way, although, no doubt Richard Drabble QC will seek leave to appeal as it was conceded that the CA was bound by Gilboy as … Read the full post

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

'We rule the estate'

By NL on 01/02/2009. 0 Comments

A local authority’s failure to effectively implement the range of sanctions for Anti Social Behaviour is the subject of a report by the Public Service Ombudsman of Wales, Case 200702044 – Conwy County Borough Council.

The whole report (there is a link on that page) is worth reading, highlighting lack of awareness, systems, procedures and apparently a disinclination to take complaints seriously on the part of the LA. Following a number of previous reports, the LA was supposedly instigating a new internal procedure during the period concerned, but it seems to have had little impact.

What is particularly clear from the report is that at virtually all levels in … Read the full post

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