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The housing/social services relationship is one of the "hot topics" in housing law at the moment and, before we come to R (on the application of A) v Coventry City Council [2009] EWHC 34 (Admin), a bit of background is needed. A bit of background There are...
Local government finance is a fascinating area. Honestly. Those local housing authorities which still retain housing stock are required keep records of their housing income and expenditure. They also operate a Housing Revenue Account ("the HRA"). The HRA is...
Newport City Council v Charles [2008] EWCA Civ 1541, The Times, 11 Aug 2008 [now on bailii] The transcript for this (factually remarkable but legally straightforward) case has only just been produced, hence the delay in covering it. The appellant, Mr...
Leicester City Council v Masters LRX/175/2007 (links to a .pdf) Pursuant to the Right to Buy provisions, the respondent purchased a leasehold interest in his flat in April 2005. As readers will know, where someone is purchasing a leasehold interest under the...
The Lands Tribunal has handed down a number of important decisions in the last week that those working in the field of leasehold enfranchisement need to be aware of. Earl Cadogan v Erkman LRA/56/2007 & LRA/68/2007 (links to a .pdf file) concerns attempts...
R (Gargett) v LB Lambeth [2008] EWCA Civ 1450; on appeal from [2008] EWHC 663 (Admin). A Discretionary Housing Payment (DHP) is a discretionary payment made by a local housing authority to a person who is (a) in receipt of housing benefit or council tax...
Ackerman and another v Lay and others [2008] EWCA Civ 1428 (not on Bailli, but available via Lawtel) The appellants/tenants were the leasehold owners of a building and the respondents were the freehold owners of the same. The building had been subdivided...
Earl Cadogan and other v Pitts and another; Earl Cadogan and another v Sportelli and another [2008] UKHL 71 Enfranchisement is the process whereby leaseholders can force their freeholder to sell them the freehold of the property. The Leasehold Reform Act...
Morshead Mansions Ltd v Leon Di Marco [2008] EWCA Civ 1371 Service charges. Much more interesting than tolerated trespassers. Honestly. Sections 18 - 30 Landlord and Tenant Act 1985 contain a detailed regulatory framework for service charges in residential...
The House of Lords will give judgment in Knowsley v White; Islington v Honeygan-Green and Porter v Shepherds Bush HA (the tolerated trespasser trilogy) at 9.45am on Wednesday (links to a .pdf).
Admiral Taverns (Cygnet) Ltd v Daniel and another [2008] EWHC 1688 (QB), and [2008] EWCA Civ 1501. We seem to have missed this important case when it was at High Court level. Sorry about that. An appeal against the High Court judgment has just been dismissed...
Two new Statutory Instruments have just come out relating to this Act, and, given that I'm updating my seminar notes about the 2008 Act, I thought I'd share them with you. The Allocation of Housing (England) (Amendment) (Family Intervention Tenancies)...