High Court enforcement continued

In what has turned into a continuing series, there are further updates on enforcement of possession orders via the High Court, obtaining writs and the scandalous conduct of many High Court Enforcement Officers. (Previous posts here and here) Secretary of State for Defence v Nicholas, High Court (CH Div) (15 January 2016) (copy of Judgment). […]

Find a new place to dwell

Or spousal rights after notice to quit served by joint tenant. Derwent Housing Association Limited v Taylor,  Court of Appeal (Civ Div) 19 January 2016 (unreported as far as I can see, apart from this note by Shoosmiths, for which we are suitably grateful). Derwent HA were Mrs T’s landlord, on a sole assured tenancy. Mrs […]

Discrimination in allocation

Courtesy of Garden Court North Chambers and Joseph Markus of GCN is this note of a settled judicial review claim on an allocation policy’s local connection requirements. R (VC) v North Somerset Council (Equality and Human Rights Commission intervening) CO/3801/2015 This claim concerned a challenge brought by an Irish Traveller to a “local connection” requirement […]

February is the cruellest month

Monday 1 February 2016 sees the commencement of the ‘Right to Rent’ regulations in all of England. All new private tenancies, sub-tenancies, lodgings, and licences (including property guardians) will be caught if it is the occupant’s main residence. Landlords must check the immigration status of all adults who will be or are occupying the property. […]

Preferring Burnip: Discrimination without justification

Rutherford & Ors, R (On the Application Of) v Secretary of State for Work & Pensions [2016] EWCA Civ 29 The Court of Appeal tackles the bedroom tax and discrimination again, and, a year on from MA & Ors, there is quite a difference. The two joined appeals here, from negative judicial review claims, were […]

Something to Declare

Herefordshire Council v Rohde 2016 UKUT 039 (LC) The power for a local authority to make an HMO declaration under s255, Housing Act 2004 is not commonly used. This power arises where a property appears to be an HMO in all respects save that it is not being used solely as an HMO. In that […]

Promises, promises

A sad county court case that raises questions over the way in which some housing associations approach ground 8 possession claims and evictions. Christian Action (Enfield) Housing Association Ltd v L Walters, Edmonton County Court, 7 December 2015 (Not published, we’ve seen a transcript of judgment). Ms W was CA’s assured tenant. Her rent was […]

Help the aged*

Retirement housing issues aren’t something we cover much on NL, but in late December 2015, there were two interesting** developments. By way of background, many retirement properties/retirement villages sell the flats/bungalows/dwellings on long leases. Those leases commonly provide for “event fees”, i.e. obligations to make (substantial) payments when certain events occur. By far the most […]

A scandal unfolds: High Court enforcement again

Since our previous post on this topic, it has become apparent that there are significant and widespread issues with evictions of tenants by High Court writ, specifically by some High Court Enforcement Officer firms. In our last post, we dealt with the issue of an application for a High Court writ being made in tenant […]

You don’t know what you’re doing

January 5, 2016, sees the Housing and Planning Bill return to the House of Commons for the Report stage (if you want to read about how the Committee stage went, the excellent House of Commons library analysis is here and our comments are here). Now, as you’ll all remember, the Bill requires local authorities to […]