When is a spouse a spouse? We’ll find out

Just a note on a permission to appeal hearing:

Northumberland & Durham Property Trust Ltd v Ouaha [2013] EWCA Civ 291 [Not on Bailii yet, noted in the Read the full post

Posted in FLW case note, Housing law - All, Succession | Tagged , , | 2 Comments

Asked, but not necessarily answered

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, Various (non-housing) | Tagged , , , , | 6 Comments

Just another brick in the (Sheffield CC v) Wall

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, Unlawful eviction and harassment | Tagged , | Leave a comment

The quietus of the tolerated trespasser

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, Tolerated trespasser | Tagged , , | 10 Comments

Austin to the Lords

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, Tolerated trespasser | Tagged , | 1 Comment

Residing, or merely living, with…

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, Succession | Tagged , , | Leave a comment