Tag Archive for 'secure-tenancy'

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Your name's not down, you're not getting in

By NL on 26/02/2009. 1 Comment

R (Ariemuguvbe) v LB Islington (2009) QBD (Admin) 24/02/09 [just on Lawtel, not on Bailii yet - what's up with Bailii?] concerned the meaning of ‘household’ for the purposes of Part VI Housing Act 1996.

A. had applied to Islington as homeless and Islington had accepted the full housing duty. A. and her family were temporarily accommodated in a three bed property. The family comprised A., her husband, her five adult children and three grandchildren. The five adult children were all subject to immigration control.

A. then applied under Part VI for permanent accommodation. Islington offered a two bedroom property on the basis that it was inappropriate to take the … Read the full post

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

Bankruptcy and disrepair

By NL on 09/02/2009. 4 Comments

In the end, I couldn’t resist writing this one up from the report in January 09′s LAG updates. It is a very late report and only a County Court decision, but is a) just too topical for these insolvent times and b) vaguely technically interesting.

Lambeth LBC v Grazette (Lambeth County Court 7 November 2008) was an application to revive a secure tenancy under s.85 HA 1985.

Ms Grazette was Lambeth’s secure tenant. An SPO on rent arrears was made in June 2003 and breached by Ms Grazette afterwards. In January 2005 Ms Grazette was adjudicated bankrupt, which was automatically discharged in June 2006. In 2008 Ms Grazette applied under … Read the full post

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

Councils bribing tenants shock!

By NL on 07/02/2009. 9 Comments

In apparent confirmation both that the Times is now a tabloid newspaper and that today was a quiet news day, this was the lead story in Saturday’s Times.

I’ll just quote the opening sentence:

Council tenants are being offered £30,000 bribes or cottages by the sea to vacate their homes for credit crunch victims as Britain faces a critical social housing shortage.

The only accurate part of that is the social housing shortage. Funny how that only becomes news when Times readers are getting worried they might need social housing themselves. Nonetheless, there is a critical social housing shortage and it is a serious issue. Sadly not one the Times … Read the full post

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

Desperately Seeking Dixon

By J on 26/01/2009. 5 Comments

Garden Court chambers have a note of a case called Dixon v Wandsworth LBC [2009] EWHC (Admin) 27. It isn’t on Bailii, Lawtel or Casetrack. I know that some Garden Court people read this blog and if anyone has more information about it (or a transcript) please let us know.

Mr Dixon and his sister were joint secure tenants of LB Wandsworth. His sister gave NTQ and left the property. LB Wandsworth then obtained a possession order. Mr Dixon applied to set aside the order or to prevent execution of the warrant on the basis that the rule in LB Hammersmith & Fulham v Monk [1992] 1 AC 478 violated … Read the full post

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

No no she's not dead, she's, she's restin'!

By J on 21/01/2009. 13 Comments

Newport City Council v Charles [2008] EWCA Civ 1541, The Times, 11 Aug 2008 [now on bailii]

The transcript for this (factually remarkable but legally straightforward) case has only just been produced, hence the delay in covering it.

The appellant, Mr Charles, lived at 1B Marlborough Rd, Newport. That property had been granted to his mother on a secure tenancy some years previously. She died in January 2003 and, upon her death, Mr Charles made anonymous enquiries of the local housing authority to try and discover what was likely to happen. He discovered that it was unlikely that he would be permitted to remain in occupation and, therefore, simply did … Read the full post

Posted in FLW case note, Housing law - All, Possession and Trusts and Estoppel. Tags: , , , .

Knowsley v White etc. in more detail

By NL on 15/12/2008. 2 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?

Knowsley HT v White, Honeyghan-Green v LB Islington & Porter v Shepherds Bush Housing Association [2008] UKHL 70 -  for anyone who hasn’t read it … Read the full post

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

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: , , , , , , .
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