Monk silenced

Sims v Dacorum Borough Council [2014] UKSC 63 If there is a positive to take from this, it is that it is a Supreme Court judgment that won't take long to discuss. The issue of the rule in Monk that notice by one joint tenant determines the whole tenancy came before the Court, on the […]

Human Rights Round-Up Part 1

Tijardovic v Croatia [2014] ECHR 637  (19/6/2014) Mrs T and her family occupied a flat in Split, Croatia, which her father-in-law had held under a specially protected tenancy with the Split Municipality, from 1983 onwards. Between 1985 and his death in 1998, Mrs T's father-in-law resided at another flat in Split. After his death, Mrs […]

Possession Archives

The extremely slow work of adding downloadable, searchable PDFs of the NL archives continues. In addition to the homelessness archives, there are now PDFs of the possession case posts from 2006 to date on the PDF Archive page. As before, these are unedited, uncorrected and generally as is. Not least because they are free. But […]

A very unlawful eviction

(Finally) AA v London Borough of Southwark [2014] EWHC 500 (QB) This High Court judgment is remarkable in many ways, most of them worrying. It was the result of a six day hearing, with Southwark putting Kelvin Rutledge QC up against Mr AA in person and ended with findings against Southwark that were as bad as […]

Retaliatory Eviction and Law Reform

The government (through its Minister for Communities and Local Government, Stephen Williams) today announced its backing to Sarah Teather's private members bill, whose aim is to prevent landlords from evicting tenants who have complained about disrepair in their home or where health and safety hazards are found to exist at the premises, using the accelerated possession procedure. […]

A Thursday stuffed with housing stuff

A busy Thursday for housing law, not yet law, housing benefits and housing misc. Item one.  A Scottish Upper Tribunal is to hear a room size appeal on 18 September. This is one of the first Fife decisions. It is not the lead case in the English Upper Tribunal and may well be the first […]

Ch ch ch ch changes

When is a Secure Tenancy Agreement not a Secure Tenancy Agreement? News has reached us of an interesting case in Bow County Court involving the right to succeed to a secure tenancy and the operation of s.103 of the Housing Act 1985: London Borough of Waltham Forest v Mahmood. S.103 may be an unfamiliar provision to some so this is what it […]

Eviction: “Sexual, athletic and squeaking noises”

In a case that recalls the 'unnatural' noises emanating from Concord, Tyne and Wear, a German Court was faced with a tricky decision in a claim for possession. The ground given was that the tenant had installed a 'very old' sex swing in 2012. And, despite a clause in the tenancy agreement requiring him to […]

Odds and Sods

A few bits and pieces, none of which are worth their own post, including a couple of updates on old 'friends'. First, as you have probably noticed, the blog has had a redesign (yes, another one). There are a couple of reasons for this: partly for a more contemporary, cleaner look, which should hopefully be […]

Arguably Serious – Aster Communities Ltd v Akerman-Livingstone

Aster Communities Ltd (formerly Flourish homes Ltd) v Akerman-Livingstone [2014] EWCA Civ 1081 (30 July 2014) is an extraordinary decision that will – if allowed to stand – have a significant impact on the day-to-day management of possession claims in the county court. The Court of Appeal's finding that Equality Act 2010 cases should, like […]