Money down the drain

Court v Van Dijk & Anor [2016] EWCA Civ 483 Nuisance cases are tricky. There is a lot to establish for causation, for liability and for loss. This case is perhaps a cautionary tale about the need to be constantly alert to changes in the facts and expert opinion as they emerge over the course […]

Downloads and conflicts

A couple of notes from the weekend. I’ve updated the downloadable PDF files for homelessness and possession posts to include 2014 to now. I’ve also added all disrepair posts from 2006 to now as a new file (it is a hefty 214 page PDF, but fully searchable). As ever, these are unedited, unindexed posts, though […]

How the other half live

Eclipse Film Partners v HMRC [2016] UKSC 24 has almost nothing to do with housing law. It was an appeal from the First Tier Tribunal (Tax Chamber), via the UT (TCC) and the CA. It wasn’t even about the substantive issues in the case, rather, it was about who should pay for the costs of […]

PCOL and Introductory Tenancies

An interesting county court appeal of a possession order – can PCOL be used for a possession claim for an Introductory Tenancy? Crosby v Birmingham City Council, Birmingham Civil Justice Centre, 8 March 2016 Ms C was an Introductory tenant of Birmingham. She built up rent arrears. Birmingham served notice under s.128 Housing Act 1996. Ms […]

Curiosities and wonders

When the First Respondent in a possession case is styled “The Sovereign Indigenous Peoples of Scotland” and the second, named, Respondent describes himself as “A Member of the Government of Scotland”, you suspect that you know in advance how things will go. In The Petition of the Scottish Parliamentary Body against (First) The Sovereign Indigenous Peoples of […]

Homelessness eligibility – revisions underway

The following note appeared on the Doughty Street Chambers site. Anyone with clients (or applicants) in a similar position – in particular leave to remain granted under Appendix FM of the immigration Rules – should take note. The DCLG has indicated that those granted Article 8 ‘leave to remain’ (and have recourse to public fund) […]

Questions and Answers

O, R (on the application of) v London Borough of Lambeth [2016] EWHC 937 (Admin) A judicial review of a decision on a s.17 Children Act 1989 assessment of a homeless, non-eligible family. The issues were the extent of investigations required, and legitimate conclusions to be drawn from a lack of information provided. The claim […]

Tis aw a muddle – costs edition

Morales v Enver (2016) QBD (Irwin J) 28/04/2016 (Not on Bailli – note of judgment on Lawtel) Another case to file under ‘things not to do’. Mr M had brought injunction for re-entry proceedings against a landlord and agents. Mr M was the tenant of a flat owned by the landlord. He stayed on after the end […]

The mystery of the Minister’s many bits

There might be much to mock and/or weep at in the Housing and Planning Bill, but this afternoon reached a degree of the surreal, as the Bill returned to the House of Lords following the Govt vote in the Commons to reject all the Lords amendments. Shelter today released a report showing that, on the […]

Not thinking things through – miscellany

Assorted bits on the theme of acting hastily and not thinking things through… Exhibit 1. The Housing and Planning Bill. This evening, it completed third reading in the House of Lords and heads back to the Commons. While there will no doubt be some ping pong on various Lords amendments, one significant amend was a […]