Tag Archive for 'demoted tenancy'

Pinnock Permission

By NL on 11/12/2009. 6 Comments

We’ve just heard that Pinnock in Manchester CC v Pinnock has been given permission by the Supreme Court. Our note of the Court of Appeal case is here ([2009] EWCA Civ 852). We had wondered about permission after Central Beds v Taylor was refused.

I would have thought anyone defending possession proceedings for an introductory or Demoted tenancy would be looking to stay pending Pinnock, at least in the absence of continuing ASB or other serious and pressing facts.

Garden Court North have a note here.… Read the full post

Posted in Housing law - All, Introductory and Demoted tenancies and Possession. Tags: , , .

Pinnock and Proportionality

By Dave on 31/07/2009. 9 Comments

The CA have just handed down judgment in Manchester CC v Pinnock[2009] EWCA Civ 852, concerning the evidence that can be taken into account to justify a breach of a demoted tenancy at a review panel, the proper role of the County Court in such a circumstance, and the standard to be applied on a judicial review of a review panel decision. It is significant then in the context of demoted tenancies and demonstrates also that the proportionality standard is subject-specific. Manchester won by the way, although, no doubt Richard Drabble QC will seek leave to appeal as it was conceded that the CA was bound by Gilboy as … Read the full post

Posted in ASB, FLW case note, Housing law - All, Introductory and Demoted tenancies and secure-tenancy. Tags: , , , .

'We rule the estate'

By NL on 01/02/2009. 0 Comments

A local authority’s failure to effectively implement the range of sanctions for Anti Social Behaviour is the subject of a report by the Public Service Ombudsman of Wales, Case 200702044 – Conwy County Borough Council.

The whole report (there is a link on that page) is worth reading, highlighting lack of awareness, systems, procedures and apparently a disinclination to take complaints seriously on the part of the LA. Following a number of previous reports, the LA was supposedly instigating a new internal procedure during the period concerned, but it seems to have had little impact.

What is particularly clear from the report is that at virtually all levels in … Read the full post

Posted in ASB, FLW case note, Housing law - All and Introductory and Demoted tenancies. Tags: , , , .

Gilboy redux

By NL on 02/07/2008. 0 Comments

Gilboy, R (on the application of) v Liverpool City Council & Ors [2008] EWCA Civ 751 is the appeal from the Judical Revew decision noted in this previous post.

The appeal, was by general consent, on one issue alone. Does the internal review procedure for reconsideration by local housing authorities of a decision to terminate a demoted tenancy established by sections 143E-143F of the Housing Act 1996 and the Demoted Tenancies (Review of Decisions (England) Regulations 2004 violate Article 6 of ECHR?

My previous notes contain the meat of the issue. The argument, extended from the High Court Tsfayo issues, was that the availability of Judicial Review could not … Read the full post

Posted in FLW case note, Housing law - All and Introductory and Demoted tenancies. Tags: , , , , .

Demoted Tenancies and Human Rights

By NL on 23/10/2007. 3 Comments

Just a quick note on the Admin Court decision in Gilboy, R (on the application of) v Liverpool City Council & Anor [2007] EWHC 2335 (Admin).

The Anti-Social Behaviour Act 2003 modifies Housing Act 1985 and 1996 to allow a secure tenancy to be changed to a ‘demoted tenancy’ via an application by the Council to the Court for a ‘demotion order’, on the basis of anti-social behaviour. The demoted tenancy has lesser security and rights. In fact, in most ways, a demoted tenancy is functionally identical to an introductory tenancy.

The only difference is that where a local authority decides to move to possession proceedings against a demoted … Read the full post

Posted in FLW case note, Housing law - All and Introductory and Demoted tenancies. Tags: , , , .

Busy, Busy, Busy

By NL on 21/10/2007. 0 Comments

I’m flat out at the moment. Even my usual posting windows of a Saturday or Sunday have seen me either too tired or working to manage a post. So all I can manage is to point to two cases for Housing people’s attention, to which I will return when I have time.

In the Admin Court
Gilboy, R (on the application of) v Liverpool City Council & Anor [2007] EWHC 2335 (Admin)
Article 6 Human Rights and demoted tenancy possession decision reviews.

In the Court of Appeal
Harouki v Royal Borough of Kensington & Chelsea [2007] EWCA Civ 1000
Overcrowding, homelessness and Part VII applications.… Read the full post

Posted in Homeless, Housing law - All, Introductory and Demoted tenancies and Possession. Tags: , , , , , .
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