3 cases have recently been decided by the ECtHR Chamber
Busuioc v Republic of Moldova  ECHR 684 (16/7/13)
The Applicant (B) complained to the Court under Arts 3 and 8 ECHR about the State’s failure to protect her and her two children under the provisions of Moldovan national law from domestic violence perpetrated against them over several years by B’s former husband, VB, when they failed to order his eviction from the flat which they occupied together.
The parties had divorced in 2007 but B was repeatedly beaten by VB after their divorce. B’s application to have VB evicted from the flat was heard by the Supreme Court on … Read the full post
Malik v Fassenfelt & Ors  EWCA Civ 798
The idea that an Englishman’s home is his castle is firmly embedded in English folklore and it finds its counterpart in the common law of the realm which provides a remedy to enable the owner of the castle to secure the eviction of trespassers from it. But what if the invaders occupy for long enough to establish their home within the keep? Whose castle is it now? Whose home must the law now protect? [Sir Alan Ward]
This was a case that was potentially important for establishing whether Article 8 defences could be run by private tenants, or by licencees and … Read the full post
A quick note on an ongoing County Court case that raises some interesting questions. (As it is an ongoing case, all apparent statements of fact are as set out in the judgment and should be taken as being untested at trial).
Leicester Housing Association Ltd v Armstrong. Leicester County Court 5 March 2013 [Not published elsewhere, we have a copy].
This was the summary hearing of Mr Armstrong’s defence to LHA’s claim for possession. Mr A had a ‘starter’ tenancy from LHA, which was an assured shorthold of 12 months term. At the end of the 12 months, the tenancy would automatically convert into an assured tenancy, provided that … Read the full post
The entrepreneurialisation of social housing over the last twenty years has led to a diversity in the types of shared ownership. Of course, the standard leasehold type (what in the old days was called DIYSO) predominates, but there are a multitude of other types. In Ker v Optima Community Association  EWCA Civ 579, the Court of Appeal had to deal with one of these other types in Optima’s claim for possession; but in quite odd circumstances for, by the time of the hearing of the appeal, Ms Ker had accepted that the property was unaffordable for her so that she had to give up possession. What was in issue … Read the full post
This was a failed succession case where an article 8 proportionality defence was, at least in part successful. Our thanks to Legal Action ‘Recent Developments in Housing Law’ January 2013 for bringing it to our attention.
Affinity Sutton Homes Ltd v Cooper. Bromley County Court 17 October 2012
Mr Cooper senior was a secure tenant of Bromley LBC. Following a large scale transfer of Bromley’ stock to Affinity. Mr Cooper senior became an assured tenant. There was statutory right for succession by anyone other than a spouse. However, the tenancy agreement provided for a contractual succession for any family member residing with the tenant in the 12 months prior … Read the full post
[Updated 20/12/12. See below]
There is a rather odd case note on Lawtel on a High Court appeal of a dismissed defence to possession following an apparently failed succession…
Evans v Brent London Borough Council QB (Ramsey J) 18/12/2012 [note of extempore judgment on Lawtel]
From the note it appears that Ms Evans was the joint secure tenant of Brent with her father. She then moved out to take up an AST with her children in 2010, on a 12 month term, apparently to give space to her father, who was ill. In 2011 she moved back in. Soon after, her father died.
In 2012, Brent brought possession proceedings, on … Read the full post
According to this article, the Residential Landlords Association are up in arms about the European Court of Human Rights being about to rule on article 8 defences in a case affecting private land owners. Richard Jones, the RLA policy director (and a solicitor who some might think should really know better) is quoted as saying:
“If Europe decides that respect for the home provisions within the Human Rights Convention apply to private landlords this will lead to a mass exodus of landlords, causing untold misery for those in desperate need of a place to live.”
There are a few problems with that statement, but perhaps the most immediate one … Read the full post