Tag Archive for 'secure-tenancy'

Sunday Misc.

By NL on 08/08/2010. 0 Comments

Some bits and pieces from the weekend…

New websites 1
The OPSI and Statute Law Database sites have been combined into one new site for statute: www.legislation.gov.uk. However, the databases are the same and the current estimate is that about 50% of the statute is up to date, in the sense of containing all subsequent amendments. While statutes that have subsequent unincorporated amendments are marked as such, as per the SLD, this remains unsatisfactory for anyone who needs current statute – which is anyone in practice – as noted in the whole Timothy Leigh/iLegal kerfuffle. We don’t link to the SLD and now legislation.gov.uk versions of the key … Read the full post

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

Just another brick in the (Sheffield CC v) Wall

By J on 03/08/2010. 0 Comments

Sheffield CC v Wall (by her personal representatives), Wall, Ingham, Butler [2010] EWCA Civ 922, is, on any view, an unusual case. The Court of Appeal didn’t, however, help matters.

Imagine, if you will, that, in 1967, Mr Steven Wall was placed with Mrs June Wall, who acted as his foster parent, by Sheffield CC. Whilst Steven was never adopted, he was clearly treated as the son of Mrs Wall and there was no-one else that could be said to have fulfilled that role.

In October 1986, Sheffield CC granted Mrs Wall a secure tenancy of a two-bed house, to be occupied by her and her “son”, Steven. He duly … Read the full post

Posted in FLW case note, Housing law - All, Possession, secure-tenancy, Succession, Uncategorized and Unlawful eviction and harassment. Tags: , .

Continuity of tenancy

By NL on 05/10/2009. 14 Comments

London Borough of Lewisham -v- Litchmore. 2 October 2009, Bromley County Court

Since the beginning of replacement tenancies on May 2009, there have, rather surprisingly, not been any reports on cases involving the Housing and Regeneration Act 2008 Schedule 11 s.21 – when the new tenancy and the original tenancy are to be treated as the same and continuous for the purposes of a relevant claim (for breach of tenancy condition or statutory duty). Now, we’ve heard about one such case.

For an ex-tolerated trespasser with, say, a disrepair claim extending back over the period prior to May 2009, there appear to be two routes to recovering tenancy for … Read the full post

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

Webb v Wandsworth LBC – Take 2

By J on 29/08/2009. 0 Comments

We first noted Webb v LB Wandsworth [2008] EWCA Civ 1643 in November 2008 when it was discussed in an Arden Chambers eflash. Earlier this week, the transcript was finally released. Slightly later this week, it was corrected so as to make sense. Thus, 9 months after the decision, we can finally tell you what Sedley LJ was actually saying.

Ms Webb was (and, as far as I know, still is) the secure tenant of the London Borough of Wandsworth. One of her children had been engaging in serious anti-social behaviour in and around Ms Webb’s home. By the time of trial, he was no longer residing with Ms Webb … Read the full post

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

Extending the role of the TSA

By J on 07/08/2009. 2 Comments

The Government has just issued a consultation paper (available here) on extending the TSAs regulatory role to local housing authorities. Whilst the document is expressed to be a consultation, the tone of the document suggests that the Government is already minded to take such a step. April 2010 is expressly identified as the likely date for the new regulatory function to commence. The headlines include:

  • the TSA being asked to focus on “landlord services” (repairs, maintenance and customer services) and not wider strategic functions;
  • where the TSA has evidence of poor performance, it will be empowered to commission an investigation and require further information to be provided. Conversely, where

    • … Read the full post

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

Allocations policies: Publication

By Dave on 04/08/2009. 3 Comments

In R (Boolen) v Barking and Dagenham LBC reported on Lawtel, the Claimant applied for judicial review of the the council’s allocation scheme on the basis that

(1) the council had implemented a “local connection” criterion into its prioritisation decisions after bidding had ended, but that local connection criterion was not set out in the policy though “it was averred to”.  It was argued that the lack of publicity given to that criterion and its consequential unavailability to the public meant that the policy was unlawful.  Indeed, on the facts, it appears that the Claimant only found out about the criterion after she had been top bidder for properties and … Read the full post

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

Pinnock and Proportionality

By Dave on 31/07/2009. 9 Comments

The CA have just handed down judgment in Manchester CC v Pinnock[2009] EWCA Civ 852, concerning the evidence that can be taken into account to justify a breach of a demoted tenancy at a review panel, the proper role of the County Court in such a circumstance, and the standard to be applied on a judicial review of a review panel decision. It is significant then in the context of demoted tenancies and demonstrates also that the proportionality standard is subject-specific. Manchester won by the way, although, no doubt Richard Drabble QC will seek leave to appeal as it was conceded that the CA was bound by Gilboy as … Read the full post

Posted in ASB, FLW case note, Housing law - All, Introductory and Demoted tenancies and secure-tenancy. Tags: , , , .
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