Care needs, eligibility and human rights

By NL on 12/05/2012. 0 Comments

De Almeida, R (on the application of) v Royal Borough of Kensington and Chelsea [2012] EWHC 1082 (Admin)

This was a judicial review of RBK&C’s refusal to provide support under s.21 and s.29 National Assistance Act 1948 and indeed to carry out an assessment under s.47 of the National Health Service and Community Care Act 1990.

Mr De A is a Portuguese national. He lived in the UK from 1998 to 2001 and from 2008 to date. He worked during the first period and for a year after his return. Mr De A had contracted HIV and AIDS. His health deteriorated so that he was not able to work. His … Read the full post

Posted in Community care, FLW case note and Housing law - All.

The tenant is dead, long live the tenant

By Francis Davey on 11/05/2012. 23 Comments

Our attention was drawn to a decision in the Medway County Court, presumably because it considered a proportionality defence. I’m not sure there’s much to see there — one of the team said that he was not “remotely excited about it”.

But it caught my eye. To be fair, one cannot always tell from a short judgment of this kind exactly what happened, but it gives the impression that landlord and tenant law was, at best, misunderstood. So it seemed like a golden opportunity to set the record straight.

The defendant’s father and mother had lived in the property under an assured tenancy. Sadly, the father died. The mother succeeded … Read the full post

Posted in assured-tenancy, FLW case note, Housing law - All, Licences and occupiers, Possession and Succession. Tags: , , .

Reasonable houses ad nauseum, ad infinitum

By J on 08/05/2012. 3 Comments

Magnohard Ltd v Cadogan and others [2012] EWCA Civ 594 is yet another case dealing with whether a property can be a “house reasonably so called” and, hence, capable of being enfranchised under the Leasehold Reform Act 1967. There is quite a lot of law on this topic, although the leading case is probably Tandon v Trustees of Spurgeon Homes [1982] AC 755. In essence, if a proerpty can reasonably be considered to be a house, then it is for these purposes (even if it could, equally reasonably) be called something else. Hence properties which look like houses but now have some (possibly substantial) commercial units can be enfranchised. It is … Read the full post

Posted in FLW case note, Housing law - All and Leasehold and shared ownership.

Job Ad

By NL on 02/05/2012. 0 Comments

Painsmith Solicitors

Leading regional firm seeks L&T solicitor

PainSmith solicitors seeks a 2-3 years qualified Landlord and Tenant solicitor to run own caseload and supervise up to 3 members of staff.

You will need to have strong civil litigation experience and be familiar with the principles of landlord and tenant law. A willingness to expand on landlord and tenant law is essential as well as a willingness to write articles and provide training in this area. The firm has a strong ethos for training young lawyers therefore you will need to be patient, confident and willing to help and assist when necessary.

Please send CV and covering letter to marveen@painsmith.co.uk… Read the full post

Posted in Various (non-housing). Tags: .

Tibbles the Destroyer

By J on 30/04/2012. 3 Comments

The Stephens Island Wren is no more. It has gone. Extinct. Wiped out. Destroyed. And, at least according to folklore, by a cat named Tibbles. That’s not really relevant to the case of Tibbles v SIG Plc [2012] EWCA Civ 518, but, as this is my blog post, I can take a Denning-esque introduction if I’d like. It’s sunny today. Bluebell time in Kent…

Back to reality. Just a short note on Tibbles (the case, not the cat). It’s about the power of the court to “vary or revoke” an order under CPR 3.1(7). The case was a low-value PI claim. The DJ initially allocated the case to the small claims track but … Read the full post

Posted in FLW case note, Housing law - All and Various (non-housing). Tags: .

Any answers?

By chief on 28/04/2012. 0 Comments

The April edition of Legal Action brings news that Hurst v UK has settled. As will be seen from the ECtHR’s Statement of Facts and Questions to the Parties Hurst involved a secure tenant who murdered a neighbour, the applicant’s son, during the course of possession proceedings. Ms Hurst brought proceedings in the domestic courts, which reached their conclusion in R (Hurst) v London Northern District Coroner [2007] UKHL 13; [2007] 2 AC 189. Those proceedings were concerned with the duties of a coroner, particularly where the death had occurred before the Human Rights Act 1998 had come into force.

Ms Hurst had also commenced civil proceedings against the police … Read the full post

Posted in Housing law - All. Tags: , .

The Short March for access to justice

By NL on 22/04/2012. 2 Comments

Alongside such luminaries as the  Lord Chief Justice, The Master of the Rolls, The Presidents of The Law Society and ILEX and the Chairman of the Bar, a couple of the Nearly Legal team are taking part in the London Legal Walk on 21 May 2012.

This is a 10 kilometer (6.21 miles in old money) sponsored walk around legal London, with the money raised going to the London Legal Support Trust. The Trust works to support law centres and legal advice agencies  in London and the South East by providing them with grant funding alongside other forms of support.  In these difficult times, the support is needed more than ever.

We don’t … Read the full post

Posted in Various (non-housing).
row of sheds footer image
197 pages