Christina Sharples v Places for People Homes Ltd, Stephen Godfrey v A2 Dominion Homes Ltd [2011] EWCA Civ 813 This is actually two appeals which deal with an important question about insolvency and bankruptcy and whether monies that form part of the...
A Not So Unlawful Eviction
R v Q [2011] EWCA Crim 1584. On Lawtel but not on BAILII This is an appeal concerning s1(3A), Protection From Eviction Act 1977. This subsection was inserted by the Housing Act 1988 and was intended to fix a problem with s1(3). S1(3A) reads: Subject to...
Tenancy Deposits Back in the Localism Bill
We have previously posted on amendments to the Localism Bill tabled in Commons committee which would have had the effect of rewriting the tenancy deposit protection provisions in the Housing Act 2004. The changes were designed to reset the position back to...
Rolling Back the Years: Estoppel and s.2
[Edit NL 21/6/2011. Owing to some enthusiasm by contributors and an evening off editing by me, we have two reports on this case done on the same evening. I've kept both because they present interestingly different approaches to the issues in this case, but...
Assuredly not an AST
Jasbir Kaur Kahlon v Andrew Isherwood [2011] EWCA Civ 602 (on Lawtel but not on BAILII yet) UPDATE: Transcript now available on BAILII Schedule 2A of the Housing Act 1988 was inserted by the Housing Act 1996 and supports s19A which was inserted by the same...
Eviscerated? Now also Drawn and Quartered
Gladehurst Properties Ltd v Hashemi [2011] EWCA Civ 604 (Not on BAILII at time of writing) UPDATE: Transcript now available on BAILII In Tiensia LJ Sedley said that the decision of the majority 'eviscerated' the tenancy deposit protection legislation. The...
In the Consulting Room
R (Baron, Peat & Othrs) v Hyndburn District Council, Administrative Court, Manchester District Registry, 14 April 2011 (Not on BAILII as yet) J has previously alluded to this case involving an application for permission for Judicial Review of a local...
Not So Protected
Potts v Densley & Anor [2011] EWHC 1144 (QB) Another case on tenancy deposit protection has hit the High Court, with a rather strange outcome. P was the tenant of D and another party. The deposit was not protected during the tenancy. This was raised by P...
Its Cold In There
Bristol City Council v Aldfrod Two LLP [2011] UKUT 130 (LC) The Upper Tribunal (Lands Chamber) has recently ruled on the proper use of improvement notices under the HHSRS. When I say recent I should actually say a little while ago. You can blame the recent...
Plan for this!
R (on the application of Milton Keynes Council) v Secretary of State for Communities and Local Government (2011) QBD (Admin) (Harrison J) 11/4/2011 We have previously posted on the saga of the rise and fall of planning permission for HMO property. The story...
A Return to Parliament Square
The Mayor of London (Greater London Authority) v Haw & Ors [2011] EWHC 585 (QB) You may remember that there has been some previous litigation (the most crucial of which we reported on here) between the Mayor of London and various persons protesting on or...
You Only Live Twice (But Not if You Are an Expert)*
Ricky Edwards-Tubb v JD Wetherspoon plc [2011] EWCA Civ 136 Another brief note to mention this case which, despite not being housing-related in any way, is important in any matter where an expert is to be instructed. The facts are not especially relevant...