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The case of Mexfield Housing Co-Operative v Berrisford [2009] EWHC 2392 (Ch) illustrates the potentially precarious situation in which the tenant of a fully-mutual Housing Co-operative may find themselves. The facts are simple. Miss Berrisford had...
Morgan and another v Fletcher and others LRX/81/2008 is an important decision of the Upper Tribunal (Lands Chamber) (aka the Lands Tribunal) on the scope of s.35, Landlord and Tenant Act 1987. As you'll remember, Part 4, Landlord and Tenant Act...
London Borough of Lewisham -v- Litchmore. 2 October 2009, Bromley County Court Since the beginning of replacement tenancies on May 2009, there have, rather surprisingly, not been any reports on cases involving the Housing and Regeneration Act 2008...
Gauci v Malta [2009] ECHR 1280 [Link is to rtf] Hat-tip to the Garden Court Bulletin for this one. Mr G owned a property in Malta. It had been let under a 25 year tenancy agreement in 1975. On the expiry of that agreement, the tenants, who owed...
The Ministry of Justice has published its 'Implementation Plan' in response to the recommendations of the 'Legal Advice at Local Level' steering group. The plan is here [pdf]. The issue is principally the effects on NFP advice providers of the...
As we all know, William Gladstone walked the streets of London, even while Prime Minister (1868–74, 1880–85, 1886 and 1892–94), seeking out fallen women to rescue, whether they wanted to be rescued or not. What Gladstone did when he accosted a...
Back in our post on the 50th update to the CPR, we noted that there was a new requirement from 1 October 2009 for the Claimant in mortgage possession proceedings to notify occupiers of proceedings within 5 days of receiving notification of the date...
R (Gebremarium) v City of Westminster [2009] EWHC 2254 (Admin) Thanks to the Garden Court housing bulletin for pointing to this one. We had to look around as the judgment is not yet available anywhere except casetrack. This was the permission...
Welcome, Kenneth Parker QC, to the High Court. In a case which has more of the surreal about it, Kenneth Parker QC, sitting then as a Deputy Judge, had to decide whether to grant leave to a litigant in person to challenge Octavia Housing and...
* as one of our commentors put it. As the sumer hiatus grinds on (summer- ha!) and we sit on the beach awaiting the return of the intermittent flood tides of housing cases, I was prompted by M's comment to delve through the rock pools of our search...
We have just heard about a case, Powell v Hounslow, which is apparently due to be heard by the Court of Appeal on 15 November. According to our informant, the issue is whether an Art 8 defence can be made by a non-secure tenant in possession...
In R(M) v Hackney LBC [2009] EWHC 2255 (Admin), Cranston J was faced with a difficult case which "... raises the issue of reconciling individual rights with the rights of the community". The rights concerned were the Claimant's rights to an...