Tag Archive for 'human-rights'

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X & Y v UK settled without hearing

By NL on 30/07/2011. 1 Comment

X, Y & Z v the United Kingdom – 32666/10 [2011] ECHR 1199

The long and sorry story of X & Y v Hounslow appears to have reached an end. As you will recall, this was the case that resulted from the horrendous abuse of two highly vulnerable Hounslow tenants in their home by youths. Hounslow had been aware of the danger to X & Y in the period leading up to the abuse but had failed to make any provision to transfer them to alternative, safer, accommodation. At first instance, the High Court found for X & Y on a claim based on negligence (our report), then … Read the full post

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

Croatia, proportionality and history

By NL on 01/07/2011. 3 Comments

Orlic v Croatia [2011] ECHR 974 (Application no. 48833/07) [Link to rtf file]

This is a European Court of Human Rights First Section decision on an article 8 case. Although not of immediate application, it is a useful restatement of the principle that where an occupier faces loss of their home by action by a public body, it must be possible for the proportionality of the eviction to be considered by an independent tribunal.

Mr Orlic had been allocated a flat by the Yugoslav Peoples Army in Croatia in 1991, about a month before  Croatia declared independence but 4 months after the Republic of Croatia had passed a law banning … Read the full post

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

Not too late but too little

By NL on 16/06/2011. 0 Comments

Southwark LBC  v Barrett Bromley County Court 18/03/2011

A County Court Pinnock case. Unsuccessful but interesting in that it was a transitional case, commenced before the Pinnock judgment, and to the extent that it shows the court using the ‘seriously arguable’ threshold.

Ms Barrett was a non secure tenant, the tenancy being granted under Part VII Housing Act 1996. The landlord served notice to quit after Southwark discharged duty, following Ms B’s refusal of alternative accommodation.

Ms B was advised by a solicitor that there was no defence (this was pre Pinnock) and she did  not attend the hearing. About 4 weeks later, after Pinnock, she applied to set aside … Read the full post

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

Hot tub lovin’, the Daily Mail and Article 8

By NL on 07/06/2011. 7 Comments

[Caution - the following story comes from the Daily Mail. It should be read with this source in mind and the inevitable provisio that this site makes no assertions as to the accuracy, truthfulness or reliability of the story, because the Daily Mail cannot be considered to be a remotely reliable source of 'news']

Colchester, as its tourist board website proudly proclaims, is “much more than Britain’s oldest recorded town”. I have no doubt that this is true, but it appears that the habit of recording Colchester has been hard to give up, no matter how old it may be. It has been particularly enduring in the person of … Read the full post

Posted in Various (non-housing). Tags: , .

Safe European Home*

By NL on 07/06/2011. 6 Comments

We noted J. L. v the United Kingdom here. Now there are two further English possession cases at the ‘questions to the parties’ stage of the European Court of Human Rights.

Birch and Others v UK Application no. 26393/10

Birch arises out of possession proceedings brought by Bedfordshire DC on a property which had been leased, short term, to a housing association which had, in turn licences a co-op group to grant assured shorthold tenancies to occupiers on its behalf. The lease had been granted in 1993 and expired in 1996. It was not renewed but negotiations went on and the co-op continued to grant ASTs to occupiers. In 2006, … Read the full post

Posted in Assured Shorthold tenancy, FLW case note, Housing law - All, Introductory and Demoted tenancies and Possession. Tags: , , .

Cleaning Up

By chief on 26/05/2011. 0 Comments

You may recall, almost two years ago now, we reported on the case of Defence Estates v L [2009] EWHC 1049 (Admin), under the title “Something of a mess”. The title was a reference to a comment of Collins J during the course of discussions after his judgment that three House of Lords’ decisions (Qazi, Kay & Doherty) had “left the law frankly in something of a mess”. This comment was subsequently picked up Lord Neuberger in his keynote address to SHLA’s annual conference in 2009. It was Lord Neuberger who then attempted to clean up some of the mess when giving the judgment of the … Read the full post

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

Human Rights at Home

By NL on 23/05/2011. 1 Comment

Cover pictureThe EHRC has released guidance for social housing providers on the relevance of human rights to social housing provision and managment and on how to comply. The guidance can be downloaded here [link to pdf]… Read the full post

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