Tag Archive for 'house of lords'

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: , , , , , , .

Housing Law Conference clash

By NL on 09/12/2008. 7 Comments

So, the Housing Law conference is tomorrow, 10 December, and I suspect a swathe of the Nearly Legal contributors will be there. I will, anyway. Naturally this coincides precisely with the House of Lords handing down one of the more significant housing related judgments of recent times on the tolerated trespassers cases, as we noted a couple of posts ago.

Thusly tomorrow may prove to be a test of both my mobile blogging kit and instant judgment digestion abilities. But should either fail – and given that this will be a day rammed to the gunwales with housing law goodness in any event – you may have to wait till … Read the full post

Posted in Housing law - All, secure-tenancy and Tolerated trespasser. Tags: , , , .

Aweys v Birmingham in the Lords date

By NL on 15/10/2008. 2 Comments

The hearing of Birmingham’s appeal to the Lords from this Court of Appeal judgment is listed for 26 January 2009. No news yet on what it is that Brum are actually appealing and on what grounds.… Read the full post

Posted in Homeless and Housing law - All. Tags: , .

Notes on Doherty v Birmingham CC

By NL on 30/07/2008. 10 Comments

So, Doherty (FC) (Appellant) and others v Birmingham City Council (Respondent) [2008] UK HL 57

Well, well, and once more for effect, well. This is a very interesting result indeed, although I use the word result in a non-definite kind of way.

The headline is simple enough, the case was remitted to the High Court for determination of the domestic judicial review issues raised as defence to possession. Court of Appeal overturned. The majority would also have made a declaration of incompatibility in regard to the Mobile Homes Act 1998, if the incompatibility had not already been removed by the passing of the Housing and Regeneration Act. Their Lordships declined … Read the full post

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

Aaargh

By NL on 30/07/2008. 6 Comments

Started on Doherty, but on closer inspection, the Lords have also given me R (On The Application of M) (Fc) V Slough Borough Council and R (On The Application of Heffernan) (Fc) V The Rent Service to deal with, and possibly also Yeoman’s Row Management Limited and Another V Cobbe. All here.

Damn them, damn, damn, damn. Thankfully, the Court of Appeal held off handing down anything of interest – for here at least.… Read the full post

Posted in Benefits, Housing law - All, Possession and Trusts and Estoppel. Tags: , , , , .

Brief news

By NL on 12/07/2008. 3 Comments

On applications for permission to appeal to the House of Lords:

Omar v Birmingham City Council – Omar refused permission to appeal from this Court of Appeal judgment. Very disappointing given the ambiguity, to put it mildly, of the Court of Appeal judgment (look at the comments on that post).

Aweys v Birmingham City Council – Birmingham given permission to appeal. Eh? The JR and Court of Appeal judgments were clear and straightforward. So we will have to see whether Birmingham are just throwing money away.

Both odd decisions, but maybe I’m missing something. Thanks to CLP people for the information.… Read the full post

Posted in Homeless and Housing law - All. Tags: , .
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