More results...
The DCLG has released statutory guidance on: the changes that the Localism Act 2011 makes to the homelessness legislation. It also provides guidance on the Homelessness (Suitability of Accommodation) (England) Order 2012. This supplements parts of the...
A case perhaps best filed under the 'Ooops' category, which only took a trip to the Court of Appeal to sort out Spicer & Anor v Tuli & Anor [2012] EWCA Civ 845 Spicer and Shinners were Law of Property Act 1925 receivers, appointed under a charge in...
Does the landlord's repairing duty under Section 11 Landlord and Tenant Act 1985 extend to damage by fire, flood or tempest? LB Hammersmith and Fulham v Carty is a County Court judgment reported on Hardwicke Chamber's site which raises some interesting...
Well, well. A successful proportionality defence on an introductory tenancy and one upheld on appeal. There is also some helpful confirmation about what can be considered in assessing proportionality. Southend-on-Sea Borough Council v Armour (2012) QBD...
R(Carney) v Bolton-at-Home Limited [2012] EWHC 2553 (Admin) Did historic ASB by the daughter of a former evicted tenant allow the local authority to refuse to allow her accommodation in the same area? This was the issue in this judicial review of...
The Government has today laid The Homelessness (Suitability of Accommodation) (England) Order 2012 SI 2012 No. 2601. It comes into force on 9 November 2012 This sets out the issues for determining suitability (or the lack thereof) of accommodation for...
In response to Zambrano (C-34/09) the Government has laid new regulations today, to come into force on 9 8 November 2012. The Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) Regulations...
Or Simmons v Castle round two Simmons v Castle [2012] EWCA Civ 1288 As you may know, the original Court of Appeal decision in Simmons v Castle on the 10% uplift in general damages (our report here) was revisited after representations by the ABI and APIL. I'm...
A report of a County Court mortgage possession case has reached us, in which the secured lender's behaviour resulted in a finding of abuse of process. The question was when (an if) an arrears payment had been received. Blemain Finance Ltd v Andrea Jayne...
Not sure how this one didn't make it on to the blog before... Back in March 2011, the Court of Justice of the European Union gave judgment in Zambrano (C-34/09) [For a report on that judgment, see Free Movement, here] The upshot of Zambrano was that where a...
An unlawful eviction case with some unusual dramatis personae. Rebecca Claire Webb v Samina Amreen Birmingham County Court 31 August 2012 [Unreported elsewhere] Ms Webb was the assured shorthold tenant of Ms Amreen, for a 6 month term from September 2007...
Solihull Metropolitan Borough Council v Hickin [2012] UKSC 39 We reported this case in the Court of Appeal here. Briefly Ms Hickin was the daughter of joint tenants of Solihull and had lived in the house since she was born. The father moved out some 9 years...