Tag Archive for 'rent arrears'

Asked, but not necessarily answered

By NL on 03/10/2010. 6 Comments

After the excitements of Kay v UK, the LSC Judicial Review and the coming into force of (bits) of the Equalities Act – on which we will have a post shortly – there is a bit of a lull before the floods of new housing case law start up again. So, time for another trawl through the logs of search terms that brought people to nearly legal in the last month. Some can be answered, some are unanswerable and some are frankly bewildering…

how to wear a cravat
boldly and flamboyantly, with no sense of shame, or taste. There is no such thing as an ironic or indeed an … Read the full post

Posted in Housing law - All and Various (non-housing). Tags: , , , , , .

Suspended Possession Orders and Insolvency: with benefit of transcript

By NL on 12/08/2010. 10 Comments

And as if by magic (thanks J) we have a transcript for the permission hearing judgment in Godfrey v A2 Dominion [2010] EWCA Civ 941, following our earlier note here.

Brief facts – the assured tenant ran up rent arrears. A2 began possession proceedings. Before hearing, the Official Receiver made a “debt relief order” in respect of T, within the meaning of Part 7A of the Insolvency Act 1986, as amended. That order included the rent arrears.

At hearing of the possession claim the DJ made an SPO on terms of rent plus £5 pw towards the arrears, apparently, or impliedly, refusing to stay the proceedings as per s.251(3) … Read the full post

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

Bankruptcy and possession – permission granted

By NL on 11/08/2010. 7 Comments

North British Housing v Sharples [2010] EWCA Civ 539 [Not on Bailii or Lawtel]

This is the second permission to appeal hearing on this topic that we have reported recently, after Godfrey v A2 Dominion (on which we are still seeking more detail). Sadly the transcript of the judgment in this renewed application for permission hearing is also short of detail, but it does set out the issue on appeal. More information on this case would also be gratefully received if anyone from Glaisyers (or Jan Luba QC) are reading.

The issue is whether possession proceedings are a ‘remedy against the person or the property of the bankrupt in respect … Read the full post

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

Suspended possession orders and insolvency: request for info

By NL on 30/07/2010. 2 Comments

We’ve been told that on 29 July 2010, the tenant appellant in Godfrey v A2 Dominion North Ltd was granted permission to appeal. Quite what permission has been given is less clear – our source says Court of Appeal, but the case was elsewhere listed as being before a High Court judge. Can anyone clear this up?

[Edit: confirmed by Hardwicke Chambers as being Court of Appeal, permission by Rimer LJ]

What is at issue is whether a suspended possession order should be made when the rent arrears have been included in a debt relief order pursuant to the Insolvency Act.

The tenant apparently argued that “a ‘remedy in regard … Read the full post

Posted in assured-tenancy, Housing law - All, Possession, secure-tenancy and Tolerated trespasser. Tags: , , , .

Rent arrears management – boring title, excellent report

By J on 10/03/2010. 0 Comments

Is it too much to hope that – finally – the Government might take steps to ameliorate and / or prevent the use of Ground 8?

During the passage of the Housing and Regeneration Act 2008, the Government gave a commitment to look again at the use of inter alia, Ground 8 in the social housing sector.

A group of scholars was assembled for this purpose: Pawson, Sosenko, Cowan, Croft, Cole and Hunter and, they have now reported. I suggest everyone reads “rent arrears management practices in the housing assocation sector” because, frankly, it is an impressive piece of work, detailing historic, current … Read the full post

Posted in Allocation, Assured Shorthold tenancy, assured-tenancy, Benefits, FLW article, Housing law - All and Possession. Tags: , , .

Oh dear, oh dear, oh dear

By NL on 11/02/2009. 0 Comments

We all knew that Lambeth Housing was in a bit of a self imposed mess, and this is an outline of what it amounts to.

I’m not going to add much in the way of comment, but anyone who acts on occasion for Lambeth tenants or leaseholders or homeless applicants will be nodding along with the article. As current (completely unsubstantiated by me) rumour has it, Lambeth are allegedly even rather desperate to delay paying damages or costs awards on successful claims until after the start of their new financial year, which I would guess means a total budget freeze is in operation.

The effects of this crisis will … Read the full post

Posted in Housing law - All and Leasehold and shared ownership. Tags: , , , .

Discretionary Housing Payments

By J on 20/12/2008. 6 Comments

R (Gargett) v LB Lambeth [2008] EWCA Civ 1450; on appeal from [2008] EWHC 663 (Admin).

A Discretionary Housing Payment (DHP) is a discretionary payment made by a local housing authority to a person who is (a) in receipt of housing benefit or council tax benefit;  (b) considered by the authority to be in need of “further assistance” with “housing costs” and (c) who applies for a DHP.

There is a fixed limit which any local housing authority can spend on DHPs in any given year and that limit cannot be exceeded.  See s.69 Child Support, Pensions and Social Security Act 2000 and the Discretionary Financial Assistance Regulations 2001.… Read the full post

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