Tag Archive for 'Housing law – All'

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Children Act – housing and education

By NL on 17/06/2008. 0 Comments

C, R (on the application of) v London Borough of Lambeth [2008] EWHC 1230 (Admin) is, in the end, mainly concerned with education, but there is quite a bit of interest to housing people.

The issue was the duties owed to the Claimant under s.23 and s.24 Children Act 1989.

The Claimant had been in care with Lambeth. Shortly before her 18th birthday, Lambeth gave her tenancy of a one bed flat. The next year, after suffering a serious sexual assault at the flat, C left to stay with friends and a former foster mother. In 2207, she was briefly street homeless, before the application for Judicial Review was made. … Read the full post

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

HB as rent for RTB

By NL on 16/06/2008. 1 Comment

Hanoman v London Borough of Southwark [2008] EWCA Civ 624

Where a local authority landlord has failed to respond to a tenant’s notice in time under the Right to Buy procedure, the tenant can serve an ‘operative notice of delay’ under s.153A(5) Housing Act 1985. The effect of this notice is that the landlord must deduct from the purchase price an amount based on the rent paid during the period of the delay (s.153B).

Does housing benefit, whether as payment, or as rebate on rent payable to local authority, count as rent for the purposes of s.153B?

Simple answer – yes. S.153B makes no prescription as to the source of rent … Read the full post

Posted in Benefits, FLW case note, Housing law - All and right-to-buy. Tags: , , , .

Liability for mesne profits

By NL on 16/06/2008. 0 Comments

Jones v London Borough of Merton [2008] EWCA Civ 660 addresses whether a tolerated trespasser’s liability to pay mesne profits ends when they leave the property or when they notify the former landlord that they have left.

Ordinary trespassers are only liable for mesne profits for the period of actual occupation of a property. Merton submitted that tolerated trespassers were in a different position. Public policy required that housing authorities be notified as soon as possible that occupation was at an end to enable re-letting. There was a direct analogy with the requirement that a secure tenant end the tenancy by notice to quit under s.5 Protection from Eviction Act 1977 … Read the full post

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

Notes for later

By NL on 16/06/2008. 0 Comments

As ever, housing cases come in a flood after a drought.

Jones v London Borough of Merton [2008] EWCA Civ 660 on when liability for mesne profits ends after the tolerated trespasser leaves a property.

Hanoman v London Borough of Southwark [2008] EWCA Civ 624 on when housing benefit counts as rent under RTB rules.

And C, R (on the application of) v London Borough of Lambeth [2008] EWHC 1230 (Admin) on housing duties under the Children Act.

I’ll get to as many of them as I can tonight and the rest tomorrow.… Read the full post

Posted in Community care, Housing law - All, right-to-buy and Tolerated trespasser. Tags: , , , , .

Suitability and marital harmony

By NL on 10/06/2008. 2 Comments

Ahad v London Borough of Tower Hamlets [2008] EWCA Civ 606 was an application for permission to appeal from a s.204 appeal concerning a refusal of an offer of permanent accommodation. Tower Hamlets had discharged duty on the basis that the appellant had refused an offer of accommodation that was suitable and reasonable for him to occupy, s.173(7F).

The appellant, his wife and three children made up the household. Tower Hamlets had accepted a duty. The appellant was bidding under a Choice Based Letting scheme, made a bid on the property and was successful. After viewing the property with his wife, he refused the offer.

On s.202 review, Tower Hamlets … Read the full post

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

Illegal Eviction and Disrepair damages

By NL on 05/06/2008. 0 Comments

There were a couple of cases mentioned in the June issue Legal Action that are worth a consideration when looking at quantum in illegal eviction cases, and also to some extent in disrepair cases. Legal Action has the full details, but in brief…

Addison v Croft Preston County Court April 2008
Assured Shorthold tenant. Landlady turned up with estate agent and buyer with no notice. A fortnight later, the tenant was physically ejected by four men, with some bruising. The tenant was out, sleeping at friends and in his van for 20 nights, before obtaining an injunction for re-entry, which was complied with.

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

Third party costs against Councils?

By NL on 03/06/2008. 0 Comments

Very interesting post on Housed this evening on the possibilities of seeking a costs order against a local authority for a possession order obtained by a private landlord where the LA has refused to take a homeless application from the tenant until they are evicted. The post contains an advice by Tony Ross of 1 Pump court on the matter.

Hmm. I need to have a think. What about funding for the application?… Read the full post

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