Disability discrimination goes to full trial

Akerman-Livingstone v Aster Communities Ltd [2015] UKSC 15 When the Court of Appeal held that a disability discrimination defence to possession under Equality Act 2010 had to face the same ‘seriously arguable’ summary test as an Article 8 defence, we were surprised, and very unimpressed. It seems the Supreme Court felt similarly (and unanimously), although sadly […]

Regulations and damn regulations.

Two quite different sets of secondary legislation. First: there is a new prescribed form for section 6(2), section 8 and section 13(2) notices for assured (including shorthold) tenancies from 6 April 2015. The regulations are here and the prescribed forms are in the schedules.  Section 6(2) is terms for a periodic tenancy. Section 8, of […]

Relief from sanctions for not turning up?

In Home Group v Matrejek [2015] EWHC 441 (QB), the High Court has applied Rule 3.9 of the Civil Procedure Rules and the guidance on applications for relief from sanctions in Denton v TH White Ltd [2014] EWCA Civ 906 (our note here) to a possession claim based on nuisance and anti-social behaviour. Ms M […]

Miscellaneous

Assorted things of note. The closing date for applications for the Tower Hamlets Law Centre Housing Solicitor post has been extended to 11 March 2015. Southend have been refused permission to appeal to the Supreme Court in Southend v Amour (our report on the Court of Appeal hearing here). So this is a successful article […]

Ending flexible tenancies – a reminder

We don’t usually (indeed ever) repost previous material on NL. But I’m making an exception for this one, because I think it is timely. Flexible tenancies have been in existence for a while in some boroughs and I would expect that it is round about now that possession proceedings for a fault based grounds (rather […]

ECtHR Update

Anthony Aquilina v Malta 11/12/14 This is the latest in a line of judgements from the ECtHR dealing with rent control and Article 1 of Protocol 1 (see previous reports here and here). Mr A was the owner of a property in Malta, which he had inherited from his parents in 1984. Mr A’s mother leased the […]

The revenge of retaliatory eviction law

After the Teather ‘revenge eviction’ member’s bill was talked out by a couple of Tory MPs, (Chope and Davis), the question was would the proposals survive in another form before the election. Well today, the DCLG announced the Government’s proposed amendments to the Deregulation Bill – just headed to the Lords before Third reading in […]

Just because you are paranoid…

… doesn’t mean that they aren’t out to get you. The MoJ and Legal Aid Agency have put out a leaflet on Legal aid and “Help for people at risk of losing their home“. The trouble is that it doesn’t mention, anywhere, at all, not even in little small print, that tenants facing possession proceedings […]

Asking for relief

This is a housing case, but the procedural issue in this decision is only tangentially related to that. Nonetheless, it is a matter worth noting. Cutler v Barnet LBC [2014] EWHC 4445 (QB) [Not on Bailii yet, we’ve seen a transcript]. Ms C had been Barnet’s secure tenant. Barnet served Notice to Quit on alleged non-occupation […]

Too late for Art 8?

When should an article 8 defence be raised? And are there different kinds of social landlords, such that the analysis of Article 8 defences in Pinnock and Powell might not be applicable to all? These were questions in Lawal & Anor v Circle 33 Housing Trust [2014] EWCA Civ 1514. In what the Court of […]