Tag Archive for 'housing'

O(L)ivers Army

By J on 06/05/2009. 2 Comments

Defence Estates v L and another, High Court (Administrative Court, Collins J, 5.5.09) [2009] All ER (D) 20 (May) is – potentially – quite an important case on the ongoing Qazi/Kay/Doherty/Connors/McCann/Cosic debate about the role of Article 8 in possession proceedings.

The only report of the judgement is from the All ER note, which isn’t a particularly well written document. Anyone involved in the case (Stephen Cottle – I’m looking at you) who wants to correct / add to what I’ve written here is more than welcome to contact the NL team.

L was married to an army officer. In 1999 L’s husband resigned from the army and, as an … Read the full post

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

Outright orders and drug offences

By J on 05/05/2009. 0 Comments

Knowsley Housing Trust v Prescott & Prescott [2009] EWHC 924 (QB)

Mr & Mrs Prescott were the assured tenants of Knowsley Housing Trust and had been since 2002. On 11 April 2006, Mr Prescott pleaded guilty to charges relating to the supply of cocaine and amphetamines. He was sentenced to 8 years imprisonment.

The Housing Trust sought possession of the property in light of the conviction. After a contested trial, the trial judge made a postponed possession order, postponed on terms that the property not be used for drug dealing. He felt that Mr Prescott had already been adequately punished. There was also nothing to suggest that Mrs Prescott had … Read the full post

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

Redolent of Improbability

By J on 30/04/2009. 0 Comments

I don’t think there is any significant point of law or practice in Lemas and Sealy v Williams [2009] EWCA Civ 360, but it is a strange case (although one suspects many readers will have been involved in similarly chaotic cases at one stage or another) and worthy of a short note.

Mr & Mrs Lemas were, at one time, the joint registered proprietors of a house, with a mortgage secured in favour of Abbey National. Mr Lemas got into financial difficulties and was made bankrupt. Despite that, Mr Lemas managed to arrange for the sale of the property to Mr Sealy. Before that sale could be completed, Abbey National … Read the full post

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

The end of the road

By J on 02/04/2009. 4 Comments

X v LB Hounslow [2009] EWCA Civ 286.

When news of X first reached the NL team, the near unanimous response was one of pleasure at the result. Once we obtained a transcript and saw the reasoning of the trial judge, it became clear not only that an appeal would be pursued but that it would be successful. Those feelings were only strengthened by the decision of the House of Lords in Glasgow CC v Mitchell. And we’re been proved right.

The facts of X are truly awful. X and Y are, on any view, vulnerable adults. They both have learning difficulties and have low IQs. In these proceedings, … Read the full post

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

North of the border

By J on 19/02/2009. 6 Comments

Glasgow City Council v Mitchell [2009] UKHL 11

This is a Scottish appeal to the House of Lords on the scope of the duties owed – if any – by landlords in respect of the behavior of their tenants. It is a difficult case to read (at least for any English lawyers) because of the different terminology used in Scottish cases but – for the joy of housing law – we here at NL have managed to read and translate the case. Here is what is says.

Mr Mitchell and Mr Drummond were the tenants of Glasgow City Council (“Glasgow”). On 31 July 2001, Mr Drummond attacked Mr Mitchell with … Read the full post

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

Not another review …

By Dave on 22/01/2009. 0 Comments

Yes, it’s true, another review has been published, this time of the regulation and redress in the UK housing market. And yes, if you’re wondering, this was what the Law Commission did in their Issues paper on proportionate dispute resolution and further analysis. The author this time is Professor Colin Jones, whose biog does not suggest that he has ever been particularly interested, if at all, in this issue although that may be a little unfair. Actually, what he has done here is quite respectable to a point and worthy (in contrast to the disastrous Rugg and Rhodes report – for our review, see here).

Prof Jones … Read the full post

Posted in Assured Shorthold tenancy, Housing law - All and Regulation and planning. Tags: , , , , , , .

New PRS Report

By Dave on 25/10/2008. 0 Comments

Ok, I’m angry again.  It’s really out of character as I’m usually very mild mannered.  Here’s a question: what do you do if you’ve paid a group of people over around 10 years to come up with a series of proposals to regulate renting relationships (ie the Law commission) but you can’t live with their final reports?  Well, you could do nothing, which was the government’s preferred strategy, but a lot of people out there think that the Law Commission’s suggestions were pretty sensible (although I’m in the “some good, some daft” category) and those people are beating the drum.  Alternative strategy: pay somebody else to come up with a … Read the full post

Posted in Assured Shorthold tenancy, assured-tenancy, Housing law - All, Regulation and planning and secure-tenancy. Tags: , , , .
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