Human Rights Round-Up Part 2

Lemo and others v Croatia [2014] ECHR 755 (10/7/2014) Both the facts and the outcome in this case are highly reminiscent of Brezec v Croatia (see our note here). The applicants had occupied flats under protected tenancies from the 1970s until their eviction on 19/11/2010. The properties were initially publicly owned but the company which owned the properties […]

Stop Retaliating!

The Tenancies Reform Bill has now been formally published following its second reading. The Bill has changed substantially from the original version that was put forward by Sarah Teather MP and drafted by Shelter. We commented on the Bill before as we had seen the version produced at first reading. The Bill has now benefitted […]

Southwark: Not appealing

It is not unknown for losing parties in a case to not be happy, indeed very upset. There are two basic options. To shut up and put up with it, or appeal. Rather unusually, faced with one of the most coruscating High Court judgments I can recall, in AA V LB Southwark [our report here], […]

Angels Dancing on the Head of Anti-Social Behaviour

Telchadder v Wickland Holdings Ltd [2014] UKSC 57 I will admit to being a bit cool on static caravan parks. I used to live in an area surrounded by them and could never understand why people would want to holiday in them, much less live in them permanently. I get that they appear to represent […]

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 […]