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21/09/2009

The lost, confused and angry*

* 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 logs for September. And for what is but half a month, we have a fair proportion of the lost, confused and angry washing up on the shores of this blog, like nothing so much as oil soaked puffins or in a couple of cases, irradiated crabs.

We’ll start with those at least vaguely or apparently property law related…

is roadside waste public highway
My dear chap (or otherwise), you appear to have lost a preposition. You probably dropped it in amongst your fly tipping.

is my home legally overcrowded?
The internet is a wonderful thing. It not only gives you access to a world full of information, disinformation and nonsense at the click of a mouse, it also knows automatically how many people of what sexes and ages there are in your home, how many rooms you have and how big the rooms are. It can probably have a good guess if you have gas fires as the only heating in your living room as well. Did you not have your webcam turned on? That may be why it didn’t work.

how to buy a house on housing benefit
While the rest of the country is sick to the back teeth with news items about people not being able to get a mortgage without a 50% deposit and a first born to sacrifice (unless they are conveyancers, in which case they are suicidal), this is a person happy in their own world of sunlight, fluffy clouds and free property from the government (but only bankers get that). Either that or they have badly misunderstood Alistair Darling’s message of state funding to kick start the economy.

possession proceedings against preganant women
Sorry to disabuse you, but there is no pre-partum defence.

contesting consent orders
How can I put this – you agreed to it. You can’t un-agree.

eviction notice no win no fee london
I feel the need to gently explain how ‘no win no fee’ works. We want to get paid. Our only chance of getting paid is if it is the kind of case where a costs order will be made against the other side (or a settlement with costs reached). It is very, very, very unlikely that where someone has a possession order against you, and they have now obtained a warrant of possession from the court for an eviction, there will eventually be a costs award made against them. The very best you could hope for is no order as to costs (each side pays their own) and that is of no use at all for a ‘no win no fee’ agreement. So, no. (But, being a lawyer and having the soul of a pedant, I must qualify – If the possession is for rent arrears and you have significant disrepair, then maybe. Not promising anything, mind you.)

strict liability for landlords if bedbugs are found
And we are back to the land of sunshine and fluffy clouds. In short – no. In fact very difficult to establish any liability at all. (I have been correctly corrected – where a flat is let fully furnished, the bed bugs are there from the very start of the tenancy, and the tenant has a fair shot at showing they didn’t bring them with them, the tenancy agreement could be rescindable, or damages in lieu of recission. Otherwise, what I said stands).

unprotecting tenant deposit early
Doh! No.

unaware deposit protection scheme
Doh! You should have been.

But this was just the beach. Caught in a rip-tide and away from the coasts of property law we find stranger creatures yet…

white shiny shorts
Like Wham! fetishists

naughty courses for attitude in the nhs trust south wales
Now this does sound like something that should exist. Possibly run by Terry Thomas…

it is ethical for student to engage with the services provided by “ghostwriter” because
I am not surprised this person ground to a halt at that point. It isn’t, you dimwit. It just isn’t. And it is no good searching for someone else to provide you with a rationalisation for your own lazy cheating.

what could the refuge children carry
There was a similar question about the legal weight a child could carry. I am worried that NL has been discovered by child slavers…

Pah, enough of the seaside. I’ve got sand in my shorts and the puffins have got oil on my towel. Anyone for a 99?

Giles Peaker is a solicitor and partner in the Housing and Public Law team at Anthony Gold Solicitors in South London. You can find him on Linkedin and on Twitter. Known as NL round these parts.

6 Comments

  1. Jim Paton

    The person enquiring about buying a house on housing benefit may not have his/her head as far into the fluffy clouds as you suggest. It’s exactly what Radical Routes Co-ops have effectively been doing for the last 21 years.

    Radical Routes is a network of politically committed co-ops (worker’s co-ops as well as housing co-ops) which raises its own finance and issues loan stock, enabling small co-ops to supplement loans from the likes of Triodos and buy houses. The members are tenants, of course, paying rent for which they can claim Housing Benefit, which is how the loans are paid off. One of their early leaflets, I recall, was called something along the lines of “How to Buy a House on Housing Benefit”.

    Radical Routes deals in collective solutions, of course, not individual ones. It’s 21st birthday bash earlier this year included a conference on
    “Practical Economics : radical alternatives to a failed economic system”

    http://www.radicalroutes.org.uk/

    Maybe not what the cloud-headed person you refer to had in mind, but worth noting.

    Reply
  2. NL

    Jim, interesting and assuming the capital is available, eminently practical as long as the LHA would cover loan repayments. Judging by the followup search, definitely not what my visitor had in mind, though. That rather involved RTB and the bottom dwelling parasites who ‘help people buy’ to get their hands on the discount. They’ve featured on these pages before.

    Reply
    • dave

      This is by way of a ps: some right wing think tank suggested the capitalisation of hb to enable recipients to buy their property through rtb/rta. Apparently it has the approval of Cameron. The most recent issue of Roof magazine has a little detail on Tory “think tanks'” (more of the tank, less of the think) housing policy suggestions and an interview with the Tory housing spokesman (who manages to say absolutely nothing about their housing policies). It’s a good piece and worth a read to have an insight into what’s coming our way after the next election if they win (still trying to get my head around that possibility).

      Reply
  3. simply wondered

    a bottom-dwelling parasite with its head in the clouds – it seems some monstrous gigantic tapeworm is online and visiting, nl!

    Reply
    • NL

      Those with their heads in the clouds often encounter bottom dwellers, it’s a visibility thing.

      Reply

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