From the Garden Court bulletin: The ECtHR has invited the observations of the UK government on the application made by Mr Kay to the ECtHR, following his defeat in the House of Lords in Kay v LB Lambeth [2006] UKHL 10. The Court has asked for...
All the blog posts, most recent first
Rough Sleepers, Rough Justice
R (RJM) (FC) v Secretary of State for Work and Pensions [2008] UKHL 63 This House of Lords judgment is now just under two weeks old, but I think it is still worthy of comment here. It is a discrimination case dealing with benefits and rough...
ASBOs for all!
Birmingham City Council v (1) Shafi (2) Ellis [2008] EWCA Civ 1186 This is a complicated case, focusing much more on local government law than on housing law per se, but there are some significant implications for housing lawyers. We've already had...
Varying an ASBO – an (un)appealing option
We here at NL still haven't decided how much ASB law to cover on the blog. On the one hand, only possession proceedings and s.153A-E Housing Act 1996 injunctions could be said to be 'true' housing law. But, on the other, ASB remedies are, to a very...
Deposits – another County Court decision
Tessa Shepperson at Landlord Law has a report from a landlord's solicitor on another tenancy deposit case in the County Court, this time Bedford County Court. In short, the Court found that payment of the deposit and provision of the required...
On ramps and suitability
Boreh v London Borough of Ealing [2008] EWCA Civ 1176 was an appeal from a s.204 appeal of a s.202 review that upheld a finding that a property offered in discharge of s.192(3) duty was suitable. Mrs Boreh was owed the full housing duty by Ealing....
Manchester CC v Moran – Lords appeal
One of Nearly Legal's band of information elves (sorry H) brings news that Sharon Moran in Manchester City Council v Moran [2008] EWHC Civ 378 has been given leave to appeal to the Lords. This was the important Court of Appeal case on women's...
Trying to avoid Council Tax liability by not being a tenant
In what might be described as an audacious, or perhaps foolhardy, appeal from the Valuation Tribunal, Mr Jackson sought to challenge his liability to pay Council Tax in Jackson v Cambridge City Council [2008] EWHC 2529 (Admin). Normally, this...
Taking your time
Yorkshire Bank Finance Ltd v Mulhall & anor [2008] EWCA Civ 1156 How long does a creditor who has the benefit of a charging order have to enforce that charge? In particular, if a creditor allows more than 12 years to pass after securing the...
New PRS Report
Ok, I'm angry again. It's really out of character as I'm usually very mild mannered. Here's a question: what do you do if you've paid a group of people over around 10 years to come up with a series of proposals to regulate renting relationships...
Agreements and constructive trust
Parris v Williams [2008] EWCA Civ 1147 was an appeal against an order that Mr Williams had 100% beneficial interest in one of two flats to which legal title was held by Mr Parris. It is of interest because it contains a challenge to the ways in...
Second time around
Truro Diocesan Board of Finance Ltd v Foley [2008] EWCA Civ 1162 In March 1987 Mr Foley became the tenant of a property owned by the predecessor in title of the Board. In 2000, the Board sought possession of the property. They contended that Mr...