Mangion v Lewisham LBC only appears on lawtel as an ex tempore judgment on 11.12.08 so if somebody out there has a transcript/better note of the Court of Appeal's judgment, that would be helpful to understand this decision. What appears to have happened is...
Adverse possession and estoppel
In St Pancras & Humanist HA v Leonard [2008] EWCA Civ 1442, the Court of Appeal held that, although Mr Leonard had possession of the relevant property (a garage), he nevertheless was estopped from claiming a right by adverse possession against the...
Risky business
In CDS Housing v Bellis [2008] EWCA Civ 1315, the Court of Appeal in a short judgment upheld a possession order made in favour of the Claimant housing association against Mr Bellis, a secure tenant, who suffered from serious delusions. Mr Bellis appears to...
FSA's repo warning
The FSA has issued a warning letter to all mortgage lenders and mortgage administrators advising them to get their houses in order, so to speak, over possession actions and arrears management. This is in line with the rather underdeveloped (publicly at...
A Curious Footnote
Mich-Onyibe v Wandsworth LBC (04/11/08, CA, judgment currently unavailable otherwise than by way of e-flash from Arden Chambers) is a kind of a curious footnote to homelessness law. Wandsworth accepted that they owed the full Part VII housing duty to Ms...
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 (ie the Law...
Mortgage possessions protocol
The Civil Justice Council has finally published the "Pre-action Protocol for Possession Claims based on Mortgage or Home Purchase Plan Arrears in in Respect of Residential Property" and have done so with an array of press releases (CJC here, HM Treasury...
Gentoo in the news (again)
Gentoo Group Ltd and Peter Walls v Hanratty [2008] EWHC 2328 (QB) is the latest case in the unfortunate saga which comes from the LSVT of Sunderland's entire housing stock to Sunderland HA, now known as Gentoo. When Gentoo took the housing stock, they did so...
CBL Guidance – More Thoughts …
Well, Nearly Legal asks and the CLG deliver. We posted a note on 12 August, when not much was happening, asking why the new CBL guidance hadn't seen the light of day (with some scurrilous thoughts), and a couple of weeks later it was published (link here)...
So what
Seven and a half years on, the Law Commission has now completed its work on the reform of housing law with the publication of its final report, Housing: Encouraging Responsible Letting. The Consultation Paper, on which this report is based, voted in favour...
Why are we waiting?
Now that it's the silly season and there's not much happening out there, there's an opportunity to reflect on what's not happening with the Code of Guidance on Choice-Based Lettings, or more accurately, why it hasn't been issued. Is CLG on the naughty step?...