This is case that highlights the benchmark for seeking an injunction for accommodation on a judicial review claim R (on the application of Bates) v Barking & Dagenham LBC (2012) QBD (Admin) 17 August 2012 [Note of extempore judgment on Lawtel] Ms B had...
Suitability. On expired beds and shared bathrooms
Just how bad and inappropriate does temporary accommodation have to be to be unsuitable? There is an interesting post by David Thomas on the Anthony Gold 'Housing and Public Law' blog about a settled Judicial Review that highlights this issue. The challenge...
Shut that (undemised) door!
Is the Occupiers' Liability Act 1957 still relevant in a landlord & tenant relationship, or not? Jasmine Alexander v (1) Freshwater Properties Limited (2) Christopher Place [2012] EWCA Civ 1048 This was an appeal, decided within a few days of Drysdale v...
Mind the Step 2 – The bannister that wasn’t
This is the second of two recent cases on Defective Premises Act 1972 and stairs (for the first see here). There is now a third case on Occupiers Liability Act 1957 with our note to come shortly. Patrick Joseph Hannon v Hillingdon Homes Limited [2012] EWHC...
Judicial Office and Blogging
This is a little off topic, but it is an issue that would affect Nearly Legal and some of its readers. It is also an issue that affects legal blogging more generally. The Senior Presiding Judge and the Senior President of Tribunals have issued guidance on...
A couple of dates and some information short of a s.21 notice
This is a failed possession and tenancy deposit case now of largely historic interest, though the principles still largely hold true. There is also an interesting point on the period of the tenancy - contractual date v rent date. Our thanks to Legal Action's...
On the Naughty Step – The tale of the kid in a tent
Courtesy of the Local Government Ombudsman and Shelter, we have joint and several occupants of the naughty step. Welcome to the Step to Kent County Council and Dover District Council. (I know that some of you read NL) The full and frankly shameful story is...
NL on flexible tenancies – free CPD too!
We don't usually do promotional stuff on the blog, but I thought we might make an exception in this case, because it involves free CPD and, well, me (and another from the NL team). I did a podcast for CPDCast on the introduction and operation of Flexible...
Mind the Step 1 – Semi gloss
What constitutes a defect or a lack of repair for the landlord to be liable for tenant's injury? This the first of a couple of cases involving liability under sections 2 Occupiers Liability Act 1957 and 4 of the Defective Premises Act 1972 and stairs, or...
No right of entry! (On vanished tenancies)
Well, there's an oddity. The Protection of Freedoms Act 2012 Schedule 2 para 12(1) has repealed section 8(2) of the Landlord and Tenant Act 1985. The relevant provision is: Landlord and Tenant Act 1985 12 (1) Omit section 8(2) of the Landlord and Tenant Act...
Follow the money…
Henson v Blackwood & Blackwood. Mayors & City of London Court 29 June 2012 & Central London County Court 25 July 2012 [We are grateful to Dean Underwood of Hardwicke Chambers for his notes on this case, from which quotes are taken and to GT...
Barnet’s brave new dawn
And, like a sudden, startling and slightly embarrassing squeak from a vinyl sofa, flexible tenancies are here! London Borough of Barnet have announced, in a manner which suggests absolutely no political motivation behind the decision at all, the 'end of the...