Archive for the 'secure-tenancy' Category

Barking and Dagenham LBC v Bakare; too little too late

By FT on 14/05/2012. 0 Comments

Just a brief note on this. As yet no transcript. This is another example of a fairly robust antisocial behaviour decision being upheld on appeal and it reinforces the well established principle that an appellant who is essentially attacking the discretion of the Judge below will find no sympathy in the Court of Appeal.

The background was that a long standing secure tenant had lived in her flat with her three children. Her youngest son aged 19 had been involved in some offending including use and possession of cannabis and had some connection with firearms and ammunition found near the premises. B&D sought possession for both rent arrears and antisocial … Read the full post

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

Single room rate and social housing

By NL on 14/03/2012. 22 Comments

[Updated 15 March, see below]

Joe Halewood, who runs a fine blog on supported housing at SPeye, has unearthed a rather alarming statement from the DWP buried in the impact assessment on under occupation changes to HB for social housing from October 2011. The passage (at para 5) reads:

“From 1 April 2013 it is intended to introduce size criteria for new and existing working-age Housing Benefit claimants living in the social rented sector. The size criteria will replicate the size criteria that apply to Housing Benefit claimants in the private rented sector and whose claims are assessed using the local housing allowance rules”

 

The implication is that … Read the full post

Posted in Benefits, FLW article, Housing law - All, Introductory and Demoted tenancies and secure-tenancy.

Pigeons in the flat alas*

By NL on 21/02/2012. 1 Comment

Siveter v Wandsworth LBC (2012) CA (Civ Div) 16/02/2012 [Not on Bailii yet, just a Lawtel note]

S was the secure tenant of Wandsworth in a 4th floor flat. She had complained to Wandsworth about pigeons nesting outside her flat, in a cupboard that had an opening into the flat. It was not in dispute that the pigeons had poultry mites. Wandsworth sent pest control who removed the pigeons and disinfect the nest.

However poultry mites remained and moved into the flat for fresh hosts. They multiplied, so that S and her son could no longer remain in the flat as both were being bitten.

S claimed for damages on … Read the full post

Posted in FLW case note, Housing law - All, Nuisance and secure-tenancy. Tags: .

Full of Sound and Fury…

By NL on 19/01/2012. 1 Comment

Signifying nothing*

(*And yes, I am aware that the preceding line is ‘A tale told by an idiot’.)

The much trumpeted Wandsworth riot related eviction has stalled even before possession proceedings were issued. According to a press release from Liberty, following a meeting with the tenant’s legal representatives (the tenant is represented by Liberty), LB Wandsworth agreed not to bring proceedings.

If you recall (and here is our very first take on the matter, written on the day of the press release and subsequent service of Notice Seeking Possession by Wandsworth), the son of the tenant was charged with riot related offences. The son has now been sentenced … Read the full post

Posted in ASB, FLW case note, Housing law - All, Possession and secure-tenancy.

Annual rituals

By NL on 01/01/2012. 1 Comment

Happy new year to all who read, comment on or write for Nearly Legal!

This is usually a moment to take stock of the past year and look forward to the next, but I’m feeling far too lazy to do it properly. Luckily, the DCLG have made the task easier by shouting again that they propose to crack down on subletting. In what is rapidly becoming an annual tradition, Grant Shapps has announced plans to consult on proposals to make sub-letting a criminal offence. Rather oddly, Mr Shapps says:

For too long this country has turned a blind eye on the multi-billion pound problem of housing tenancy fraud

… Read the full post

Posted in assured-tenancy, Housing law - All, Possession, secure-tenancy and Various (non-housing).

Policy, possession and proportionality

By NL on 31/12/2011. 4 Comments

Denry Okpor v London Borough of Lewisham, Bromley County Court 25 October 2011 [Transcript not publicly available]

This was a rolled up permission to appeal and appeal hearing (on which more later) for appeal to a Circuit Judge from a possession order made by a District Judge at Bromley. At issue was whether the District Judge was wrong to reject a) a proportionality defence and b) a gateway B public law defence arising from Lewisham’s failure to follow its own policy. It is interesting as an example of proportionality/gateway B defences in action in the County Court, but also somewhat frustrating, for reasons which will become clear.

Mr Okpor … Read the full post

Posted in FLW case note, Housing law - All, Possession and secure-tenancy. Tags: , , .

Home, realistically and objectively

By NL on 18/12/2011. 0 Comments

London Borough of Islington v Boyle & Anor [2011] EWCA Civ 1450

This rather sad case was Islington’s appeal on the issue of whether Ms Boyle was occupying the flat she had under a secure tenancy as her ‘sole or principal home’. It is a highly significant case in which the Court of Appeal gives guidance on how the Court should approach both ‘continued occupation’ and ‘occupation as only or principal home’ in contested cases.

Ms B had a secure tenancy of a Highbury flat from 1996. She lived there with her ‘on-off’ partner and their three children. The eldest son, Daniel, was severely autistic and suffered from epilepsy, ectodermal … Read the full post

Posted in FLW case note, Housing law - All, Possession and secure-tenancy. Tags: , .
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