Tag Archive for 'Succession'

Page 2 of 2

Right to Buy and suitable alternative accommodation

By NL on 13/03/2008. 0 Comments

Where a possession order is sought under Ground 16 Schedule 2 Housing Act 1985 (under-occupation on succession), what happens to the tenant’s right to buy? And is this a factor in weighing the suitability of alternative accommodation and the reasonableness of making an order?

Manchester City Council v Benjamin [2008] EWCA Civ 189, a Court of Appeal judgment out today, has some answers, but far from all of them.

The situation was, briefly, that the Defendant had succeeded to her mother’s secure tenancy of a six bed house. The only occupants, post succession, were the Defendant and her one child, although evidence was heard that she intended to foster. … Read the full post

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

All back to mine

By NL on 08/11/2007. 0 Comments

After yesterday’s note, an all too brief comment on an interesting Court of Appeal case defended by the firm of a regular reader/commenter, William Flack of Flack & Co.

Wandsworth v Randall [2007] EWCA Civ 1126

The situation – son succeeds to a parent’s secure tenancy on their death. The son is, at that point, the sole occupant of a 4 bedroom house. Over six months later the Council issue a Notice Seeking Possession on Ground 16 Schedule 2 Housing Act 1985 – under-occupancy by a successor. The Council offered a one bed flat as suitable alternative accommodation, which was refused by the tenant. Before proceedings were issued, the tenant’s … Read the full post

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

Housing case flood

By NL on 07/11/2007. 0 Comments

Just a note. Comments to follow, asap.

Court of Appeal:

Wandsworth v Randall [2007] EWCA Civ 1126
Succession and possession for under-occupation.

London Borough of Southwark v Dennett [2007] EWCA Civ 1091
Right to Buy, Delay and Misfeasance in Public Office

Administrative Court:

Casey, R (on the application of) v Restormel Borough Council [2007] EWHC 2554
Homelessness, Judicial Review applications, ex-parte injunctions and delay in the Admin Court.… Read the full post

Posted in Homeless, Housing law - All, Possession, right-to-buy, secure-tenancy and Succession. Tags: , , , , , .

Ooops – disproportionate strike-out

By NL on 05/11/2007. 0 Comments

A certain amount of amusement has been circulating around London housing firms at the Court of Appeal judgment in London Borough of Southwark -v- Onayomake [2007] EWCA Civ 1426 (Bailii link, or link to WLR case note here, but may only be briefly freely available).

Or perhaps Schadenfreude would be the more accurate term. Mr Onayomake had a substantive defence and counterclaim to a possession claim on the basis of succession. Southwark said, slightly bizarrely, he was a tolerated trespasser. DJ Zimmels at Lambeth County Court gave directions for a fast track trial, including filing Pre Trial Checklists. The Defendant’s solicitors failed to file on time. A … Read the full post

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

Succession in secure tenancies – House of Lords

By NL on 16/05/2007. 0 Comments

An eminently sensible House of Lords decision today in Birmingham CC -v- Walker [2007] UKHL 22, maintaining the sensible Court of Appeal decision ([2006] 1 WLR 2641).

At issue was whether a transmission or change of a tenancy in one of the forms set out in Housing Act 1980, s.88.1 as constituing a succession counted as such if it had occurred prior to the 1980 Act – so before the tenancy became a secure tenancy. E.g, if a joint tenancy had become a sole tenancy, as in this case, prior to becoming a secure tenancy, did this count as the one succession allowable?

Working on the sensible basis that … Read the full post

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