Wandsworth LBC v Watson, Court of Appeal, Oct 12, 2010 - Lawtel note only This was an unopposed appeal by Wandsworth against a decision of a recorder on a s.204 appeal. Ms Watson applied to Wandsworth for assistance under Part 7, Housing Act 1996. She...
The Housing Corporation is dead! Long live the Housing Corporation!
So, we've now got the results of the "bonfire of the Quangos" (full list available here). For housing practitioners, the main points to note are: (1) Audit Commission - disband and transfer audit functions into private ownership; (2) Homes and Communities...
RTM costs (or, how not to grant permission to appeal)
Wilson v Lesley Place (RTM) Company Ltd [2010] UKUT 342 (LC) I confess to being a bit bitter about this case. The Upper Tribunal (Lands Chamber) is hideously overworked. It can (and often does) take over a year for an appeal from an LVT to get before the...
Quango culling
The BBC has a leaked list of quangos that - potentially - the government is planning/considering to abolish. Of interest to housing lawyers: (a) the Audit Commission (abolish and transfer); (b) National Tenant Voice (abolished - not sure about that, I...
Kay v UK: Newsflash
The decision is here. Violation of Art. 8 in the procedural sense only. Minority in Kay approved but, so it appears, Doherty also approved. Strong hints that this is a "time limited" violation, i.e. that Doherty has solved the problem. Paras 73 and 74 are...
Kay v UK: coming soon
The ECHR has announced that Kay v UK is being handed down at 11am (Strasbourg time) tomorrow (Tuesday, September 21, 2010).
Alas poor Commonhold…
Commonhold was introduced by the Commonhold and Leasehold Reform Act 2002 and, in essence, is a new way (i.e. not freehold or leasehold) for flat owners to collectively hold the building containing their flats. It's not proved very popular, with only c.20...
Money well spent?
The DCLG has published a breakdown of the expenditure of the sums expended by it - and various other bodies (HCA, TSA, Leasehold Advisory Service) from April 6, 2009 - April 5, 2010. It's all downloadable (as Excel files) from the DCLG website, here. Of...
Just another brick in the (Sheffield CC v) Wall
Sheffield CC v Wall (by her personal representatives), Wall, Ingham, Butler [2010] EWCA Civ 922, is, on any view, an unusual case. The Court of Appeal didn't, however, help matters. Imagine, if you will, that, in 1967, Mr Steven Wall was placed with Mrs June...
A very short note about Wales
As we've previously reported, the National Assembly for Wales has been seeking legislative competence over social housing and gypsy and traveller law. The Legislative Competence Order has now been approved and is available here. It came into force on July...
Landlord liability for nuisance
The extent to which a landlord can be liable for the acts of his tenants is a vexed topic, which we've discussed on a number of occasions before. The cases rather lean against liability. It is, therefore, very interesting to find Mackay J allowing a claim in...
Undue influence alive and well
Annulment Funding Company Ltd v Cowey and Cowlam [2010] EWCA Civ 711. We here at NL often joke that, if any of us were appointed to judicial office then we doubt that anyone would ever get possession orders from us; not only are we able to demonstrate a...