Tag Archive for 'secure-tenancy'

Page 2 of 7

Take it as is or not at all

By NL on 22/06/2009. 0 Comments

Ryan v London Borough of Islington [2009] EWCA Civ 578 concerned Ms Ryan’s Right to Buy under Part V Housing Act 1985 and whether or not it had been deemed to be withdrawn.

Ms Ryan was the secure tenant of a an Islington property. In January 2003, she served notice of RTB and after two months Islington admitted the RTB, stating that valuation would be as of January 2003. In June 2003, Islington noted that specialist works were required – filling a crack in the rear wall, indicating subsidence. The valuer’s report of the same month noted sloping and springy floors, damp to a ceiling and walls, but did not … Read the full post

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

Residing, or merely living, with…

By NL on 11/06/2009. 0 Comments

Freeman v London Borough of Islington [2009] EWCA Civ 536 was an appeal to the Court of Appeal from a Circuit Judge’s finding that Ms Freeman was not entitled to succeed to her father’s secure tenancy under s.87 Housing Act 1985. At issue was the definition of ‘has resided with the tenant throughout the period of twelve months ending with the tenant’s death…’ [S.87(b)]

The Judge below had found that Ms Freeman had stayed in the flat full time with her father for the 12 months prior to his death, but that she had not ‘resided with’ him.

In brief, Ms Freeman had a flat of her own, which she … Read the full post

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

Searching around …

By Dave on 20/04/2009. 0 Comments

NL set a kind of challenge.  There hasn’t been anything interesting I could find, but there is a kind of footnote to allocations by way of a circular issued by CLG under section 169, Housing Act 1996, to honour a commitment made to members of the armed services and to give guidance on the application of s 315, Housing and Regeneration Act 2008 (which redrew the local connection boundary in respect of service personnel). Para 5 of the Circular says that service personnel who are seriously injured or disabled in action should be given a “high priority” in recognition of their service. And para 8 says that where authorities use … Read the full post

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

Bits from LAG and nuisance & Art 8

By NL on 06/04/2009. 12 Comments

There are several cases in the latest LAG updates that we haven’t covered and that are interesting. Thanks as ever to Jan Luba QC and HHJ Nic Madge for the LAG reports. There are two brief notes on County Court cases and a more sizeable one on Dobson v Thames Water, a Court of Appeal case on nuisance and Art 8 infringement that we had somehow missed from January and which isn’t discussed at length in LAG.

Southwark LBC v Jackson and Jackson, Lambeth County Court 27 January 2009
Mr & Mrs Jackson were elderly joint secure tenants. Mr Jackson had died, leaving Mrs Jackson as sole tenant. … Read the full post

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

Carry me out feet first

By NL on 21/03/2009. 0 Comments

Second of the Ground 16 cases is London Borough of Brent v John Hodson [2009] EWHC 566 (QB) [Not on Bailli yet]. This was decided in January but only released in the last day or so. This is an appeal to the High Court on issues of availability of suitable accommodation for determining reasonableness of a possession order.

Mr Hodson was the successor tenant to his father. The property was a two bedroom flat and Mr Hodson, aged 63, now lived there alone. Mr Hodson had lived in the flat with his family between 1968 and the late 1980s and had moved back in in about 2000. Mr Hodson’s father … Read the full post

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

Appealing reasonableness decisions

By NL on 21/03/2009. 0 Comments

This is the first of two appeals on Ground 16 possession claims which came out today, both concerning whether it was reasonable to make a possession order. The second will be up later on.

Bracknell Forest Borough Council v Harry Green & Denise Green [2009] EWCA Civ 238 centred on the consideration of the availability of suitable accommodation as a factor in considering reasonableness. It is also, and sorry to spoil any dramatic tension, a textbook example of the Court of Appeal refusing to take issue with the lower court’s exercise of discretion where there is an imprecise legal standard unless the lower judge acted ‘under an error of principle’ … Read the full post

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

Ahmad: the cup's half empty

By Dave on 04/03/2009. 12 Comments

As they say in American tv shows: ohmigod. R(Ahmad) v LB Newham [2009] UKHL 14 is now available and the Lords have done a pretty good job at destroying the jurisprudence built up by the High Court and Court of Appeal in Part 6 cases. The headlines are: (a) Newham’s scheme was not irrational by failing to have a device which determines priorities between households in the s. 167(2) reasonable preference groups; and (b) it was not unlawful by allocating up to 5% pa of properties to existing tenants who apply for a transfer and might not have a reasonable preference. But it’s more than this, so much more, because … Read the full post

Posted in Allocation, FLW case note, Housing law - All and secure-tenancy. Tags: , , , , .
row of sheds footer image
7 pages