Tag Archive for 'Housing law – All'

Webb v Wandsworth LBC – Take 2

By J on 29/08/2009. 0 Comments

We first noted Webb v LB Wandsworth [2008] EWCA Civ 1643 in November 2008 when it was discussed in an Arden Chambers eflash. Earlier this week, the transcript was finally released. Slightly later this week, it was corrected so as to make sense. Thus, 9 months after the decision, we can finally tell you what Sedley LJ was actually saying.

Ms Webb was (and, as far as I know, still is) the secure tenant of the London Borough of Wandsworth. One of her children had been engaging in serious anti-social behaviour in and around Ms Webb’s home. By the time of trial, he was no longer residing with Ms Webb … Read the full post

Posted in ASB, FLW case note, Housing law - All, Nuisance, Possession and secure-tenancy. Tags: , , , .

Costs on conceded appeals

By NL on 09/07/2009. 0 Comments

We had noted City of Westminster v Man [2009] EWCA Civ 236 when it was a permission to appeal hearing. Just a bit late, we have found the outcome. The issue was whether an interim costs order, on an application I think, was payable where proceedings as a whole had been stayed under a Tomlin Order. Mr Man had been ordered to pay £1000 by the court below, despite a Tomlin staying proceedings and giving costs against Westminster on the rest of the case. He appealed, acting in person.

Apparently, once the appeal was given permission, Westminster decided not to oppose it. So the issue was conceded However, they … Read the full post

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

"Something of a mess"

By J on 29/05/2009. 1 Comment

We first noted Defence Estates v L and another [2009] EWHC 1049 (Admin) a few weeks ago and now the transcript is available.

The history

L was married to an army officer. He was a violent alcoholic who abused both his wife and their daughters. In 1989 he resigned following a court martial which found him guilty of ungentlemanly conduct. The Army then (in September 1989) – on compassionate grounds – arranged to house L and her two daughters in Leeds, where the children attended school.

The premises in Leeds were said to be temporary until L could secure housing from the local housing authority. In September 1990 the licence … Read the full post

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

Tumbleweed

By NL on 20/04/2009. 0 Comments

It’s not that we’ve stopped posting lately, it’s just that there has been nothing to write about.

There is lots to come – Weaver v L&Q in the Court of Appeal, Moran v Manchester, Aweys v Birmingham in the Lords (all heard, I believe, and judgments awaited); and the probably imminent but yet to be fixed start date for the Tolerated Trespasser provisions of Schedule 11 of the Housing and Regeneration Act being just the highlights.

But right now? Nada, niente, rien, zilch and diddly-squat. In short, nothing at all. Not even a Judicial Review costs hearing or semi-interesting LVT decision.

Mind you, if all that stuff comes down … Read the full post

Posted in Housing law - All. Tags: .

Harvey v Bamforth – now with the benefit of a transcript

By J on 20/09/2008. 19 Comments

Harvey v Bamforth 8PA13344, HHJ Bullimore, Sheffield County Court, 8 Aug 2008

When we first commented on this case (here) we provoked quite a response. Thanks to to Mr Jones of Bury Walkers (who acted for Ms Harvey) we have now been provied with a transcript of the judgment. So – here is what it says.

Mr Bamforth was the assured shorthold tenant of a property owned by Ms Harvey. A deposit was paid to Ms Harvey via her letting agents. The deposit was lodged with TDS within 14 days of the start of the tenancy.

Rent arrears began to accumulate and, in January 2008 (the transcript says … Read the full post

Posted in Assured Shorthold tenancy, Deposits, FLW case note and Housing law - All. Tags: , , , .

A shameless plug: HLPA Conference 10 Dec 2008

By J on 20/09/2008. 0 Comments

The Housing Law Practitioners’ Association annual conference is being held on the 10th December 2008 at the Royal Institute of British Architects, London. Those of you who subscribe to Legal Action should already have had your application forms, but, for everyone else, details can be found here. The speakers include:

  • Rabinder Singh QC on equality and discrimination law after Malcolm;
  • Andrew Arden QC, Jan Luba QC and Caroline Hunter on current issues in homelessness;
  • Robert Latham and Christopher Baker on allocation schemes;
  • James Stark, Derek McConnell and Bob Lawrence (CLG) on possession proceedings;
  • Matthew Hutchings and Stephen Cottle on housing and human rights.

The conference lasts from 9am … Read the full post

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

Comments on Malcolm in the Lords

By NL on 29/06/2008. 65 Comments

Table of contents for Disability Discrimination

  1. Catching up – Disability Discrimination and possession
  2. Disability and tenancy – More on Malcolm
  3. On impotent landlords and disability.
  4. Disability discrimination – the comparator
  5. DDA and mandatory possession
  6. S v Floyd and a disability defence
  7. Adjourning pending Malcolm in the Lords
  8. And now Malcolm!
  9. Malcolm in brief
  10. Comments on Malcolm in the Lords

Oh dear, oh dear. That could have gone better.

I’m not going to go into great detail on the five separate judgments from the House of Lords in LB Lewisham v Malcolm [2008] UKHL 43, but I do want to look at where it leaves us and what the problems are … Read the full post

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