Archive for the 'Succession' Category

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Coombes – an update

By Dave on 05/04/2010. 1 Comment

Thanks to the virtual telegraph, I’ve had the transcript in R (Coombes) v Secretary of State for CLG and Waltham Forest LBC [2010] EWHC 666 (Admin) for a few days (but it still does not appear on Baili, although, I gather, is available on Westlaw and the like), but a variety of circumstances (man flu/an excellent conference/family holiday culminating in a dramatic late night trip to a&e with my eldest, who’s absolutely fine, thanks) have prevented me from posting about it beyond the short note based on the Lawtel summary.  A number of points of clarification can be made now based on the transcript. 

First, and least significantly, the SoS … Read the full post

Posted in FLW case note, Licences and occupiers and Succession.

They do things differently over there

By J on 18/12/2009. 0 Comments

Rodriguez v (1) Minister of Housing (2) Housing Allocation Committee [2009] UKPC 52 is perhaps most remarkable for needing to get as far as the Privy Council before a sensible decision was made.

The second respondent was a statutory body responsible for the allocation of social housing in Gibraltar. It had an unwritten and unpublished policy that it would only grant joint tenancies to (a) married couples or (b) unmarried couples who lived together with a child of which they were both the biological parents. If you can see problems with this policy then you’re not alone.

The appellant was a tenant of the second respondent. She had been in … Read the full post

Posted in FLW case note and Succession. Tags: , .

Succession – the afterlife of the tolerated trespasser

By NL on 22/11/2009. 2 Comments

R (Neville) v London Borough of Wandsworth [2009] EWHC 2405 (Admin) [not on Bailii yet]

This was a renewed application for permission for a Judicial Review of Wandsworth’s refusal of a discretionary succession.

Mr Neville had been living with his mother. Mrs Neville had a secure tenancy from Wandsworth from 1999. In April 2004, a suspended possession order was made against Mrs Neville, which stated that she was to give up possession on 12 May 2004, not to be enforced on conditions. Mrs Neville became a tolerated trespasser.

Mrs Neville died in January 2008. In April 2008 Wandsworth wrote to Mr Neville saying that he had no right to succeed … Read the full post

Posted in FLW case note, Housing law - All, secure-tenancy, Succession and Tolerated trespasser.

Way too secure

By NL on 04/10/2009. 0 Comments

Gauci v Malta [2009] ECHR 1280 [Link is to rtf]

Hat-tip to the Garden Court Bulletin for this one.

Mr G owned a property in Malta. It had been let under a 25 year tenancy agreement in 1975. On the expiry of that agreement, the tenants, who owed other property themselves, were able to exercise a right to new lease under under Maltese Act XXIII of 1979 as they were resident.

Under the 1979 Act, the maximum rent that the Rent Review Board could set for the premises was 420 euro per year. The market rent was assessed in 2002 at 280 euro per month. Mr G brought proceedings, complaining … Read the full post

Posted in FLW case note, Housing law - All, Possession and Succession. 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.

Austin to the Lords

By NL on 26/06/2009. 1 Comment

Word reaches us that LB Southwark v Austin (our report on the Court of Appeal here) has been given permission by the House of Lords (or Supreme Court as it will be).

It seems that the time of the tolerated trespasser troubling the Lords is not yet over, as the situation in Austin was not caught by the Housing and Regeneration Act. So one to watch out for.… Read the full post

Posted in Housing law - All, secure-tenancy, Succession and Tolerated trespasser. Tags: , .

Residing, or merely living, with…

By NL on 11/06/2009. 0 Comments

Freeman v London Borough of Islington [2009] EWCA Civ 536 was an appeal to the Court of Appeal from a Circuit Judge’s finding that Ms Freeman was not entitled to succeed to her father’s secure tenancy under s.87 Housing Act 1985. At issue was the definition of ‘has resided with the tenant throughout the period of twelve months ending with the tenant’s death…’ [S.87(b)]

The Judge below had found that Ms Freeman had stayed in the flat full time with her father for the 12 months prior to his death, but that she had not ‘resided with’ him.

In brief, Ms Freeman had a flat of her own, which she … Read the full post

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