Carry me out feet first

Second of the Ground 16 cases is London Borough of Brent v John Hodson [2009] EWHC 566 (QB) [Not on Bailli yet]. This was decided in January but only released in the last day or so. This is an appeal to the High Court on issues of availability of suitable accommodation for determining reasonableness of a possession order.

Mr Hodson was the successor tenant to his father. The property was a two bedroom flat and Mr Hodson, aged 63, now lived there alone. Mr Hodson had lived in the flat with his family between 1968 and the late 1980s and had moved back in in about 2000. Mr Hodson’s father … Read the full post

Posted in Housing law - All, Possession, secure-tenancy | Tagged , , , | Leave a comment

Appealing reasonableness decisions

This is the first of two appeals on Ground 16 possession claims which came out today, both concerning whether it was reasonable to make a possession order. The second will be up later on.

Bracknell Forest Borough Council v Harry Green & Denise Green [2009] EWCA Civ 238 centred on the consideration of the availability of suitable accommodation as a factor in considering reasonableness. It is also, and sorry to spoil any dramatic tension, a textbook example of the Court of Appeal refusing to take issue with the lower court’s exercise of discretion where there is an imprecise legal standard unless the lower judge acted ‘under an error of principle’ … Read the full post

Posted in FLW case note, Housing law - All, Possession, secure-tenancy | Tagged , , , , | Leave a comment

No no she's not dead, she's, she's restin'!

Newport City Council v Charles [2008] EWCA Civ 1541, The Times, 11 Aug 2008 [now on bailii]

The transcript for this (factually remarkable but legally straightforward) case has only just been produced, hence the delay in covering it.

The appellant, Mr Charles, lived at 1B Marlborough Rd, Newport. That property had been granted to his mother on a secure tenancy some years previously. She died in January 2003 and, upon her death, Mr Charles made anonymous enquiries of the local housing authority to try and discover what was likely to happen. He discovered that it was unlikely that he would be permitted to remain in occupation and, therefore, simply did … Read the full post

Posted in FLW case note, Housing law - All, Possession, Trusts and Estoppel | Tagged , , , | 13 Comments
css.php