Like a blind man searching for a black hat in a dark room

Heffernan v LB Hackney [2009] EWCA Civ 655 is a timely reminder of the importance of having evidence to substantiate a claim for damages.

Mr Heffernan was the freehold owner of 16 Penhurst Road, London, E9 (“the property”). The property was converted into two flats, the upper flat being let on a tenancy protected under the Rent Act 1977 and the lower flat being vacant. Mr Heffernan was in dispute with the tenant of the upper flat and, as a result, had not been receiving payments of rent from the tenant, with the alleged result that various repairs were falling due.

In September 1996, LB Hackney served four notices on … Read the full post

Posted in Disrepair, FLW case note, Housing law - All | Tagged , , , , | 8 Comments

Residing, or merely living, with…

Freeman v London Borough of Islington [2009] EWCA Civ 536 was an appeal to the Court of Appeal from a Circuit Judge’s finding that Ms Freeman was not entitled to succeed to her father’s secure tenancy under s.87 Housing Act 1985. At issue was the definition of ‘has resided with the tenant throughout the period of twelve months ending with the tenant’s death…’ [S.87(b)]

The Judge below had found that Ms Freeman had stayed in the flat full time with her father for the 12 months prior to his death, but that she had not ‘resided with’ him.

In brief, Ms Freeman had a flat of her own, which she … Read the full post

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

Ahmad v Newham in the Lords

R (Ahmad) v Newham LBC is being heard in the Lords on Monday 19 January and Tuesday. This is an important case on allocation policies and cumulative need. See our post on the Court of Appeal decision here. We’ll report on the outcome as soon as…… Read the full post

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