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When considering 'general housing circumstances in the area' under Housing Act 1996 s.177(2) on a s.202 review, can the review officer conduct a comparative exercise? A s.204 appeal decision in Chawa v Kensington and Chelsea RLBC (Central WLondon County...
One of the questions posed as a result of Hounslow LBC v Powell [2011] UKSC 8 [our report here] is what happens if a proportionality argument is raised after a possession order has been made, but before eviction. Powell found that s.89 Housing Act 1980,...
Royal Bank of Scotland v Bray Halifax County Court 25 November 2011 At what point in the course of an eviction and securing of a property is the warrant considered to be executed, so that no application for a stay can be made? This is a County Court case,...
Signifying nothing* (*And yes, I am aware that the preceding line is 'A tale told by an idiot'.) The much trumpeted Wandsworth riot related eviction has stalled even before possession proceedings were issued. According to a press release from Liberty,...
As you may well have seen in the news, the Corporation of London was granted a possession order and injunction against the tents and camp of Occupy LSX in the churchyard area outside St Paul's Cathedral by the High Court on Wednesday 18 January. The judgment...
The Chartered Institute of Housing and the Guardian have put together the results of a survey into the effect of the housing benefit/LHA limits and the pegging to the bottom third of market rents coming into force in January. Specifically the survey looks at...
Tolui v London Rent Assessment Panel [2011] EWHC (Admin), [2011] All ER (D) 126 (Dec) [On Lawtel, not on Bailii yet] Or how not to go about challenging a Rent Assessment Panel decision. Mr T is the landlord of a rent act protected tenancy. In 2009 he applied...
Happy new year to all who read, comment on or write for Nearly Legal! This is usually a moment to take stock of the past year and look forward to the next, but I'm feeling far too lazy to do it properly. Luckily, the DCLG have made the task easier by...
Denry Okpor v London Borough of Lewisham, Bromley County Court 25 October 2011 [Transcript not publicly available] This was a rolled up permission to appeal and appeal hearing (on which more later) for appeal to a Circuit Judge from a possession order made...
Just when I thought we weren't going to have a seasonal story this year. Westminster Council have ridden to the rescue. A new proposal, announced by the eminently sane and reasonable Councillor Phillipa Roe, is that from April 2013, Westminster are to...
London Borough of Islington v Boyle & Anor [2011] EWCA Civ 1450 This rather sad case was Islington's appeal on the issue of whether Ms Boyle was occupying the flat she had under a secure tenancy as her 'sole or principal home'. It is a highly significant...
Sun Street Properties Ltd v Persons Unknown [2011] EWHC (Ch), [2011] All ER (D) 72 (Dec) [no transcript available yet] Or, what the hell is going on about Occupy/Bank of Ideas and the property owned by Union Bank of Switzerland. As you probably noticed, on...