Morgan and another v Fletcher and others LRX/81/2008 is an important decision of the Upper Tribunal (Lands Chamber) (aka the Lands Tribunal) on the scope of s.35, Landlord and Tenant Act 1987. As you'll remember, Part 4, Landlord and Tenant Act 1987 confers...
Without exception
R (Joseph) v LB Newham [2008] EWHC 1637 (Admin) Blanket policies are unlawful. A first year law undergraduate could tell you that. Any lawyer or public body which didn't know that would deserve public humilliation, probably involving being slapped across the...
What is "housing-related conduct?"
Swindon BC v Redpath [2009] EWCA Civ 943 By s.153A(1) Housing Act 1996, a variety of social landlords, including local housing authorities, may apply for an injunction to restrain a person from engaging in "housing-related" anti-social behaviour. That means...
Webb v Wandsworth LBC – Take 2
We first noted Webb v LB Wandsworth [2008] EWCA Civ 1643 in November 2008 when it was discussed in an Arden Chambers eflash. Earlier this week, the transcript was finally released. Slightly later this week, it was corrected so as to make sense. Thus, 9...
HLPA Conference
The Housing Law Practitioners Association ("HLPA") host their annual conference on December 15, 2009 at the Royal College of Surgeons, London. Details have just been released (with more to follow later in September) and can be found at...
Statutory Instruments to read by the pool
Apparently Dan Brown (he of "The Da Vinci Code" nonsense) is bringing out a new book shortly. I can't imagine why anyone would want to read it. Especially given that there are (just this week!) three relevant statutory instruments to consider. Ideal poolside...
Extending the role of the TSA
The Government has just issued a consultation paper (available here) on extending the TSAs regulatory role to local housing authorities. Whilst the document is expressed to be a consultation, the tone of the document suggests that the Government is already...
Peverse incentive
We don't usually cover gypsy & traveller planning permission cases, since they tend to turn on their own facts, but Rafferty and another v Secretary of State for Communities and Local Government and another [2009] EWCA Civ 809 has one point of wider...
A very short note
The decision of the House of Lords in R (Purdy) v DPP [2009] UKHL 45 (the assisted suicide case) clearly has nothing to do with housing law but, as a general statement of law, para. 34 is very interesting. ... it is obvious that the interests of human rights...
What do you want me to do about it?
Noise abatement notices are governed by Part 3, Environmental Protection Act 1990 (as amended). They are not 'pure' housing law but they are frequently used in a housing context, particularly when dealing with noise-related complaints of anti-social...
Forfeiture and the LVT
By virtue of s.81 Housing Act 1996 and s.168 Commonhold and Leasehold Reform Act 2002 a landlord may not seek to forfeit a residential long lease unless the breach (whether to pay rent, service charges, administration charges or other breach of covenant) has...
Arm's length discrimination (or not)
Odham's Walk Residents Management Ltd v Westminster City Council [2009] EWHC 1712 (Admin) is not a housing case per se, but is of interest. The applicant, a TMO, manages an estate of Westminster's housing stock as Westminster's agents under contract. The...