Tag Archive for 's.21'

Permission 1 – refused: date of notice

By NL on 22/03/2010. 5 Comments

Elias v Spencer [2010] EWCA Civ 246 [Not on Bailii yet]

This was a permission to appeal to the Court of Appeal hearing.

The issue was the date given in a s.21 Housing Act 1988 notice on an assured shorthold tenancy. The notice stated that possession was required:

After: 22ND NOVEMBER 2008 or,
if this notice would otherwise be ineffective, after the date being the earliest date not earlier than two months after the date of service of this notice when shall expire a period of the assured shorthold tenancy.

The issue was that a period of the tenancy ended on 21 November 2008. The tenant, Mr S, argued that … Read the full post

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

I’ll get you, my pretty, and your little dog, too! Two*

By NL on 17/03/2010. 2 Comments

Thomas-Ashley v Drum Housing Association Ltd [2010] EWCA Civ 265

This is probably the biggest single week for dog-related possession claims ever. At this rate, the RSPCA will have to open a housing practice.

The brief facts are at para 1 of the Court of Appeal judgment:

Alfie is a Jack Russell/Border Collie cross. He lives with the appellant in her one bedroom flat at 1, Itchen Court, Crombie Close, Lovedean in Hampshire. Unfortunately the appellant’s tenancy agreement does not allow dogs to be kept on the premises. The respondents’, Drum Housing Association Ltd. her landlords, told her Alfie would have to leave. When he did not they took proceedings

… Read the full post

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

Bits from August LAG 1: Tenancy Deposits

By NL on 11/08/2009. 25 Comments

As ever, the lovely Legal Action housing updates have some interesting County Court cases that hadn’t reached us. A couple in the August edition concern tenancy deposit cases. Nothing binding (and when will some of these cases reach a higher court?), but interesting.

Woods v Harrington, Haverfordwest County Court. 19 May 2009. Ms Woods had a 12 month AST from May 2008. The tenancy agreement stated that there was a £600 deposit ‘as security for the faithful performance of the terms of the lease’. The deposit was not paid into a scheme. During the 12 month term, Ms Harrington, the landlord agreed to accept notice to terminate the tenancy … Read the full post

Posted in Assured Shorthold tenancy, Deposits, FLW case note and Housing law - All. Tags: , , .

He can look after himself

By NL on 22/06/2009. 0 Comments

R (Shoaib) v LB Newham [2009] All ER (D) 198 (Jun) [only available as an All ER note as yet] was a Judicial Review of a decision to terminate s.21 National Assistance Act support to Mr Shoaib.

Mr Shoaib had claimed asylum in 2004. His claim had been rejected in 2006 and with it NASS support (as it was then). A fresg asylum claim was made and Newham decided to provide s.21 support. Mr Shoaib suffered from epilepsy. His support was reviewed on a number of occasions. On the last occasion, the social worker, who had not had details of Mr Shoaib’s medical condition provided to him, decided that Mr … Read the full post

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

It's not a deposit, honest

By NL on 23/02/2009. 9 Comments

With thanks to Christopher Stockdale at John Barkers of Grimsby, we have had news of another Shorthold Assured Tenancy deposit case, Piggott v Slaven, Great Grimsby County Court 23 February 2009.

This one is of particular interest as the issue at stake was whether there was deposit at all, or just an advance payment of rent. There are a couple of side issues – one on transfer of deposit from one tenancy to another and the other on technical validity of notice. This is a County Court decision by a District Judge, so no precedents set, but the logic on the deposit question looks good to me.

The facts … Read the full post

Posted in Assured Shorthold tenancy, Deposits, FLW case note and Housing law - All. Tags: , , , .

Catch-up miscellany

By NL on 02/12/2008. 25 Comments

Thanks, as ever, to Jan Luba and Nic Madge in Legal Action for putting out notes on cases, including those that don’t make the reports. There were a few of those in December’s Legal Action that are worth a mention – of course, all I have to go on is the LA note. (Hint – anyone sending a report to Legal Action could also think about sending one here, or you could send a report here even if you don’t intend to send it to Legal Action. Full credit given – in a larger type size than LA, at that. Not that there is any rivalry intended, heaven forfend, we … Read the full post

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

Care and Attention

By NL on 03/08/2008. 0 Comments

R (on the application of M) (FC) (Respondent) v Slough Borough Council [2008] UKHL 52 is a House of Lords case concerning Local Authority obligations under the National Assistance Act 1948, and specifically when the authority is obliged to arrange and pay for accommodation.

The facts of the case are that M, a 42 year old Zimbabwean, subject to immigration control and HIV positive had applied to Slough BC for assistance under the National Assistance Act. He has subsequently become eligible for housing assistance by NASS, pending an appeal against return.

M’s needs stated needs are

other than for a home and subsistence, are for medication prescribed by his

… Read the full post

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