It’s all in the detail – Pinnock part 2

Manchester City Council v Pinnock [2010] UKSC 6 As if to confirm that housing law is, well, complicated, there is a coda to the Supreme Court decision in Manchester City Council v Pinnock, which has led to a supplementary judgment being handed down. This deals with what order should be made and costs. The first […]

Fair limit on damages for ex-TTs?

Chase v Islington LBC Clerkenwell & Shoreditch County Court 30/07/2010 This case is reported in the October 2010 'Recent Developments' in Legal Action. It is an interesting case on the use of applications under Schedule 11, 21(3) Housing and Regeneration Act 2008 to have a period of tolerated trespasser-hood treated as a continuous tenancy with […]

Suspended possession orders and insolvency: request for info

We've been told that on 29 July 2010, the tenant appellant in Godfrey v A2 Dominion North Ltd was granted permission to appeal. Quite what permission has been given is less clear - our source says Court of Appeal, but the case was elsewhere listed as being before a High Court judge. Can anyone clear […]

The quietus of the tolerated trespasser

Austin v London Borough of Southwark [2010] UKSC 28 It has been a long story for Mr Austin and a long, long, long story for the tolerated trespasser. But this Supreme Court judgment should be the last time the Supreme Court is troubled by the legacy of Thompson v Elmbridge Borough Council [1987] 1 WLR […]

It's a confused world out there…

And for the new year, it seems an opportune moment to delve into the Nearly Legal search logs in a vaguely quixotic attempt to provide answers to some of the questions that brought people here. Alternatively, where this is not possible, we can stare in mute bewilderment at what was behind the question... It is […]

Succession – the afterlife of the tolerated trespasser

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 […]

Continuity of tenancy

London Borough of Lewisham -v- Litchmore. 2 October 2009, Bromley County Court Since the beginning of replacement tenancies on May 2009, there have, rather surprisingly, not been any reports on cases involving the Housing and Regeneration Act 2008 Schedule 11 s.21 - when the new tenancy and the original tenancy are to be treated as […]

HLPA Conference

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 […]

Austin to the Lords

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 […]

Tolerated Trespasser day

m4s0n501 It is official, orders signed and everything. As of today, 20 May 2009, Schedule 11 of the Housing & Regeneration Act is in force, save for paragraphs 3(3), 8(3) and 14(3), which we are arguing about below. Housing and Regeneration Act 2008 (Commencement No. 5) Order 2009. SI 2009/1261 Also in force today - […]