LB Wandsworth v Whibley [2008] EWCA Civ 1259. If a postponed possession order is made and the landlord takes the view that the conditions of postponement have been broken, the application for a date for possession should be conducted on a summary basis and...
Pour encourager les autres
Webb v Wandsworth LBC (Court of Appeal, November 12, 2008, extempore judgment and only noted in Arden Chambers Eflash 328) Ms Webb was the secure tenant of LB Wandsworth. Between 2005 and 2006 her son was involved in a number of serious criminal and...
It's the end of the world as we know it
Housing Minister Margaret Beckett dropped a bit of a bombshell yesterday. The Government has (according to leaks in the Times) responded warmly to a CIH proposal to end secure and assured tenancies as we know them and replacing them with fixed term contracts...
Housing and Human Rights: Kay in the ECtHR
From the Garden Court bulletin: The ECtHR has invited the observations of the UK government on the application made by Mr Kay to the ECtHR, following his defeat in the House of Lords in Kay v LB Lambeth [2006] UKHL 10. The Court has asked for observations on...
ASBOs for all!
Birmingham City Council v (1) Shafi (2) Ellis [2008] EWCA Civ 1186 This is a complicated case, focusing much more on local government law than on housing law per se, but there are some significant implications for housing lawyers. We've already had one...
Varying an ASBO – an (un)appealing option
We here at NL still haven't decided how much ASB law to cover on the blog. On the one hand, only possession proceedings and s.153A-E Housing Act 1996 injunctions could be said to be 'true' housing law. But, on the other, ASB remedies are, to a very...
Taking your time
Yorkshire Bank Finance Ltd v Mulhall & anor [2008] EWCA Civ 1156 How long does a creditor who has the benefit of a charging order have to enforce that charge? In particular, if a creditor allows more than 12 years to pass after securing the charging...
Second time around
Truro Diocesan Board of Finance Ltd v Foley [2008] EWCA Civ 1162 In March 1987 Mr Foley became the tenant of a property owned by the predecessor in title of the Board. In 2000, the Board sought possession of the property. They contended that Mr Foley was a...
Mortgages, sale of property and human rights
Horsham Properties Group Ltd v (1) Paul Clark (2) Carol Beech and GMAC RFC Ltd (Third Party) and The Secretary of State for Justice (Intervener) [2008] EWHC 2327 (Ch) Now this is a complicated little case which, I suspect, will give rise to more questions...
Starting on Monday
A big week for housing law next week. The House of Lords is hearing Knowsley Housing Trust v White [2007] EWCA Civ 404 (tolerated trespassers and assured tenancies in the context of a preserved Right to Buy) Porter v Shepherds Bush Housing Association [2008]...
Harvey v Bamforth – now with the benefit of a transcript
Harvey v Bamforth 8PA13344, HHJ Bullimore, Sheffield County Court, 8 Aug 2008 When we first commented on this case (here) we provoked quite a response. Thanks to to Mr Jones of Bury Walkers (who acted for Ms Harvey) we have now been provied with a transcript...
A shameless plug: HLPA Conference 10 Dec 2008
The Housing Law Practitioners' Association annual conference is being held on the 10th December 2008 at the Royal Institute of British Architects, London. Those of you who subscribe to Legal Action should already have had your application forms, but, for...