Tag Archive for 'assured-tenancy'

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Improvements, rent and former long leaseholders – a nasty loophole

By Francis Davey on 25/03/2009. 0 Comments

The recent case of Hughes v Borodex Ltd [2009] EWHC 565 (Admin) illustrates a pitfall that may face the very small number of former long leaseholders who have become assured tenancies as a result of the Local Government and Housing Act 1989 (“the 1989 Act”).

Mrs Hughes had been the tenant under a lease that was originally granted for a term of 39.25 years (less 3 days) on 25 March 1964. The tenancy was kept alive by the 1989 Act (which requires the landlord to serve a notice to bring most long residential leases to an end after the term has expired).

In due course the respondent landlord did serve … Read the full post

Posted in assured-tenancy, FLW case note, Housing law - All and Leasehold and shared ownership. Tags: , , , .

A Weaver v L&Q interlude.

By NL on 25/03/2009. 2 Comments

While we wait for the Court of Appeal judgment in Weaver v London & Quadrant – the case was heard in the last week of February, I believe – we have a judgment along the way, specifically on Weaver’s application for a protected costs order (PCO). It is tempting to see this as something of a parable or synecdoche of the practical frustrations of bringing housing cases, and perhaps of the approach of certain large RSLs.

So, Weaver v London Quadrant Housing Trust [2009] EWCA Civ 235.

As all will recall, L&Q were declared to be a public body for the purposes of the Human Rights Act (and also … Read the full post

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

Just a quickie

By NL on 24/02/2009. 0 Comments

The Court of Appeal are in the middle of hearing the appeal in R(Weaver) v L&Q – yesterday and today, (Housing Associations as public bodies for JR/HRA purposes). As ever, news on the judgment will be posted as soon as we have it.… Read the full post

Posted in assured-tenancy and Housing law - All. Tags: , , , , , .

In passing…

By NL on 21/01/2009. 0 Comments

A couple of quick notes from the HLPA meeting this evening.

Aweys v Birmingham is listed for the Lords next week (homeless at home and allocation policy differences in priority between homeless at home and those with no accommodation available, as if you didn’t already know).

There were mentions of a handful of post-Doherty public law defence cases that have settled, although terms weren’t detailed. While we wait for Bedfordshire CC v Taylor and others (former subtenants) and McGlynn v Welwyn & Hatfield DC (non secure tenancy) in the Court of Appeal, which will be a couple of months for the latter and who knows when for the former, … Read the full post

Posted in assured-tenancy, Homeless, Housing law - All, Licences and occupiers and Possession. Tags: , , , , .

Knowsley v White etc. in more detail

By NL on 15/12/2008. 2 Comments

Table of contents for Tolerated Trespassers

  1. Tolerated Trespassers – the aftermath
  2. Tolerated trespassers: A Luta Continua
  3. Postponing Possession. Are you now and have you always been a tenant?
  4. Assured trespassers?
  5. Assured tenant or trespasser? The waiting begins.
  6. Postponed assured trespassers verdict soon(ish).
  7. Permanent trespassers and enforceable possession orders.
  8. More on London & Quadrant v Ansell
  9. White v Knowsley – Court of Appeal Judgment
  10. Reincarnation of Tenancy?
  11. S.85 Application Randomness
  12. Permanent trespassers – a fan letter
  13. Payne-less
  14. Post mortem revival of tenancy
  15. When does enforceability end?

Knowsley HT v White, Honeyghan-Green v LB Islington & Porter v Shepherds Bush Housing Association [2008] UKHL 70 -  for anyone who hasn’t read it … Read the full post

Posted in assured-tenancy, FLW case note, Housing law - All, right-to-buy, secure-tenancy and Tolerated trespasser. Tags: , , , , .

Tolerated trespassers in the House of Lords

By NL on 10/12/2008. 16 Comments

Table of contents for Tolerated Trespassers

  1. Tolerated Trespassers – the aftermath
  2. Tolerated trespassers: A Luta Continua
  3. Postponing Possession. Are you now and have you always been a tenant?
  4. Assured trespassers?
  5. Assured tenant or trespasser? The waiting begins.
  6. Postponed assured trespassers verdict soon(ish).
  7. Permanent trespassers and enforceable possession orders.
  8. More on London & Quadrant v Ansell
  9. White v Knowsley – Court of Appeal Judgment
  10. Reincarnation of Tenancy?
  11. S.85 Application Randomness
  12. Permanent trespassers – a fan letter
  13. Payne-less
  14. Post mortem revival of tenancy
  15. When does enforceability end?

For once we were well and truly beaten to the line in publicly announcing a judgment, and in this instance most deservedly so. At about … Read the full post

Posted in assured-tenancy, FLW case note, Housing law - All, Possession, right-to-buy, secure-tenancy and Tolerated trespasser. Tags: , , , , , , .

Request for info – Ground 8

By NL on 25/11/2008. 0 Comments

Ah, Ground 8. How we love it.

We have been asked by some researchers, who are investigating housing association rent arrears management as well as their use of Ground 8, if readers would get in touch with them if they have experience of RSLs using Ground 8 and in what circumstances it is used.  The independent researchers have been asked by the Housing Corporation/Tenants Services Authority to find out particularly about the use of Ground 8 by RSLs as opposed to the use of other grounds for possession, as well as other rent arrears management strategies which might be adopted by RSLs.  They would be particularly interested in any anecdotal … Read the full post

Posted in assured-tenancy, Housing law - All and Possession. Tags: , , , .
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