Tag Archive for 'right-to-buy'

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Tolerated trespassers in the House of Lords

By NL on 10/12/2008. 16 Comments

Table of contents for Tolerated Trespassers

  1. Tolerated Trespassers – the aftermath
  2. Tolerated trespassers: A Luta Continua
  3. Postponing Possession. Are you now and have you always been a tenant?
  4. Assured trespassers?
  5. Assured tenant or trespasser? The waiting begins.
  6. Postponed assured trespassers verdict soon(ish).
  7. Permanent trespassers and enforceable possession orders.
  8. More on London & Quadrant v Ansell
  9. White v Knowsley – Court of Appeal Judgment
  10. Reincarnation of Tenancy?
  11. S.85 Application Randomness
  12. Permanent trespassers – a fan letter
  13. Payne-less
  14. Post mortem revival of tenancy
  15. When does enforceability end?

For once we were well and truly beaten to the line in publicly announcing a judgment, and in this instance most deservedly so. At about … Read the full post

Posted in assured-tenancy, FLW case note, Housing law - All, Possession, right-to-buy, secure-tenancy and Tolerated trespasser. Tags: , , , , , , .

In passing…

By NL on 30/09/2008. 0 Comments

There was an interesting article in today’s Guardian on the legacy of Right to Buy, not exactly an in-depth piece, but featuring a number of the issues familiar to anyone who practicises in housing – from dodgy short term letting to major works charges on leaseholders. And above all, the lack of available decent stock for renting.… Read the full post

Posted in Housing law - All and right-to-buy. Tags: .

Hey! That's my window.

By Francis Davey on 01/09/2008. 0 Comments

Sheffield City Council v Hazel St Clare Oliver LRX/146/2007 [links to PDF]

This is a case which touches on an issue familiar to those involved with right to buy leases: replacement of windows by the landlord.

The landlord council wished to replace metal framed windows with new uPVC in the leaseholder’s block. The terms of the demise in the lease were clear: the windows were part of the leaseholder’s property. Consistent with that, the leaseholder’s covenant to repair required her to keep the windows in repair. The covenant to repair looked like this:

“(3) To keep the demised premises and every part thereof (except those parts of the demised premises

… Read the full post

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

Constructive trust and dodgy RTB

By NL on 12/07/2008. 0 Comments

There is an all too common situation. A tenant with the right to buy is offered a capital sum and the mortgage payments for the (in this case) three years needed to avoid repaying the RTB discount on transfer. In the meantime, they either get to stay or hand over control of the property to the shadow. Recent RTBs have provisions in the lease to make this more difficult, as well as a much reduced discount, but there remain a lot of sharks circling.

McGuane v Welch [2008] EWCA Civ 785 was an appeal of a County Court judgment awarding an equitable interest of 100% in a lease of the … Read the full post

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

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: , , , , .

Possession orders and RTB

By NL on 22/04/2008. 0 Comments

Honeygan-Green v London Borough of Islington [2008] EWCA Civ 363 (22 April 2008)

A quick note on this Court of Appeal case. What happens when a secure tenant who has begun the right to buy process subsequently has a suspended possession order made against them, and then later has the SPO discharged?

The Court of Appeal’s answer, following Enfield London Borough Council v. McKeon [1986] 1 WLR 1007 and Lambeth London Borough Council v. Rogers [1999] 32 HLR 361 and indeed Burrows v. Brent London Borough Council [1996] 1 WLR 1448, was that a revived tenancy brought with it retrospectively all of the rights of the tenant as if the … Read the full post

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