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The decision of the House of Lords in R (Purdy) v DPP [2009] UKHL 45 (the assisted suicide case) clearly has nothing to do with housing law but, as a general statement of law, para. 34 is very interesting. ... it is obvious that the interests of human rights...
Jones v Kernott [2009] EWHC 1713 (Ch) [not on Bailii yet] was an appeal from the County Court on a Trust of Land and Appointment of Trustees Act 1996 case. At issue is the question of fairness and whether and how far a change in common intention can be...
Noise abatement notices are governed by Part 3, Environmental Protection Act 1990 (as amended). They are not 'pure' housing law but they are frequently used in a housing context, particularly when dealing with noise-related complaints of anti-social...
By virtue of s.81 Housing Act 1996 and s.168 Commonhold and Leasehold Reform Act 2002 a landlord may not seek to forfeit a residential long lease unless the breach (whether to pay rent, service charges, administration charges or other breach of covenant) has...
And I apologise for the pun in the title, which is in dubious taste. Normally on NL, we restrict putting our view on matters to a few comments or the odd, albeit caustic, remark. But the events and legal requirements that are set out in this story from the...
In the July edition of Legal Action's housing reports is the otherwise unreported Salah v Munro Willesden County Court April 2009. This was a harassment and unlawful eviction case. Ms Salah began an assured shorthold tenancy of a room on 23 March 2008 for a...
Odham's Walk Residents Management Ltd v Westminster City Council [2009] EWHC 1712 (Admin) is not a housing case per se, but is of interest. The applicant, a TMO, manages an estate of Westminster's housing stock as Westminster's agents under contract. The...
As a reminder, in case one were needed, that undertakings to the Court in ASB cases should be considered very carefully indeed comes Circle 33 Housing Trust Limited v Kathirkmanathan (2009) CA (Civ Div) 16/7/2009 [Not on Bailii yet, available as note on...
Clift v Slough Borough Council [2009] EWHC 1550 considers the extent to which a local authority has an interest or duty to pass on allegations about anti-social behaviour to its employees and contractors for the purposes of the defence of qualified to a...
Another case on post-Doherty public law defences was handed down on Friday. Stokes v London Borough of Brent [2009] EWHC 1426 (QB) concerned an appeal summary possession order made against a traveller in unlicenced occupation of a plot on a Brent traveller's...
Every now and then, a case comes to my attention which makes me causes me unimaginable joy. Redstone Mortgages Plc v Welch, Jackson & Jackson (Birmingham County Court, June 22, 2009, HHJ Worster) is one of those cases. It's already attracted some media...
In a long awaited decision the High Court has held in Office of Fair Trading v Foxtons [2009] EWHC 1691 (Ch) that some of the terms and conditions contained in Foxtons' contract with landlords were unfair. While strictly speaking this decision is unrelated...