Tag Archive for 'Succession'

Asked, but not necessarily answered

By NL on 03/10/2010. 6 Comments

After the excitements of Kay v UK, the LSC Judicial Review and the coming into force of (bits) of the Equalities Act – on which we will have a post shortly – there is a bit of a lull before the floods of new housing case law start up again. So, time for another trawl through the logs of search terms that brought people to nearly legal in the last month. Some can be answered, some are unanswerable and some are frankly bewildering…

how to wear a cravat
boldly and flamboyantly, with no sense of shame, or taste. There is no such thing as an ironic or indeed an … Read the full post

Posted in Housing law - All and Various (non-housing). 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: , .

The quietus of the tolerated trespasser

By NL on 23/06/2010. 10 Comments

Austin v London Borough of Southwark [2010] UKSC 28

It has been a long story for Mr Austin and a long, long, long story for the tolerated trespasser. But this Supreme Court judgment should be the last time the Supreme Court is troubled by the legacy of Thompson v Elmbridge Borough Council [1987] 1 WLR 1425 and Burrows v Brent London Borough Council [1996] 1 WLR 1448. Further, it is, in many ways, an epitaph for the ‘anomalous’, ‘dubious’, ‘oxymoronic’ concept of the tolerated trespasser – and ‘all of this nonsense’ could have been avoided (quotes from Baroness Hale, on which more below). This is a judgment worth reading in … Read the full post

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

Austin to the Lords

By NL on 26/06/2009. 1 Comment

Word reaches us that LB Southwark v Austin (our report on the Court of Appeal here) has been given permission by the House of Lords (or Supreme Court as it will be).

It seems that the time of the tolerated trespasser troubling the Lords is not yet over, as the situation in Austin was not caught by the Housing and Regeneration Act. So one to watch out for.… Read the full post

Posted in Housing law - All, secure-tenancy, Succession and Tolerated trespasser. 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: , , .

Southwark v Austin: Request for information

By NL on 30/03/2009. 0 Comments

We’ve been contacted by the solicitor for Mr Austin of Southwark v Austin. There is to be an application for permission to go to the House of Lords (or Supreme Court? depending on timing, I suppose). As part of this, they’re looking for indicators of the scale of the issue involved in the case.

So the request is:

Please would anyone who has, or has had, a possession case acting for an occupier who would have been a successor tenant if the deceased (ex) tenant had not been a tolerated trespasser at death, contact the solicitor for Mr Austin, Charlotte Collins at charlotte.collins@anthonygold.co.uk (and I gather, the sooner the … Read the full post

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

Dead and gone

By NL on 16/02/2009. 4 Comments

The mopping up of the tail end of tolerated trespasser cases continues.

Barry Austin v LB Southwark [2008] EWCA Civ 66 was the Court of Appeal hearing of the appeal from the High Court hearing we noted earlier.

The issue at stake was whether Mr Austin would have a right to apply under s.85 HA 1985 to vary the possession order made against his late brother Alan in 1987, so as to revive the tenancy, by way of application to the Court under CPR 19.8 to represent his late brother’s estate in the possession proceedings.

If the possession order were varied, Mr Austin would succeed to his late brother’s … Read the full post

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