Abdullah v Westminster City Council [2011] EWCA Civ 1171 Do matrimonial home rights apply where notice to leave to a non-tenant spouse has been given by a joint tenant who is not the spouse? A question raised and answered in this homeless case. This was a...
Turning up is usually the best idea
Williams & Anor v Hinton & Anor [2011] EWCA Civ 1123 This, and please bear with me here, was an application for leave to appeal a Circuit Judge's trial judgment. It was also an application for an injunction to restrain enforcement of the trial judgment,...
Shaken and Stirred
Jones & Anor v Ruth & Anor [2011] EWCA Civ 804 We missed this one when it came out in July 2011. Not sure why - sorry. This was an appeal of a claim in nuisance, trespass, harassment and personal injury. The claim arose out of building works on an...
Mental Capacity Act and Tenancy: An open question
I have had a question from the editor of the Small Places blog, which is a very fine blog on human rights and community care, with attention to Court of Protection matters. I think it is a question which might benefit from the assembled housing law mavens...
Delays, stays and funding limitations
Windsor and District Housing Association v Hewitt [2011] EWCA Civ 1096 (Not on Bailii or elsewhere. We've seen a transcript). It is of interest not least for the Court of Appeal's view of the meaning of the funding limitations on a Public Funding...
Morris dancing
Bah v The United Kingdom - 56328/07 [2011] ECHR 1448 This is a decision of the European Court of Human Rights on the regulations for eligibility for housing support, after the declaration of incompatibility in Westminster v Morris [2005] EWCA Civ 1184. It is...
Well he would, wouldn’t he?
The mass letter on misrepresentation of trespass will be going out this morning (Monday 26 Sept). The letter will be sent to all the major newspapers, and BBC and ITN news, probably before you read this. The Guardian has what I think is a good article on the...
The assignment that wasn’t.
Haringey LBC v Theobald. Clerkenwell and Shoreditch County Court 7 April 2011 Hat tip to September's Legal Action 'Recent Developments in Housing Law' for this County Court case, and Daniel Fitzpatrick at Hodge Jones & Allen. Not a very significant case...
Misrepresenting law on squatting: Draft letter
Things have moved on about the idea of a letter from housing lawyers. A letter has been prepared for housing lawyers and law academics to sign and arrangements are under way for getting it publicity. I'm sending the text of the letter to everyone who...
On legal aid and letters pages: bits from last week
Some bits and pieces from the last week that didn't quite fit in elsewhere. First - developments in the Legal Aid, Sentencing and Punishment of Offenders Bill. At the committee stage a large number of amendments were tabled, both by the Government and by the...
Helpful Housing Hints
Two, quite distinct, bodies have put out some free guides. The DCLG have released some booklets aimed at private landlords and tenants, giving guidance on requirements and best practice: Top Tips for Tenants: Assured Shorthold Tenancies Top Tips for...
Sinking feeling
I'm afraid that this is beyond parody, but couldn't go unremarked. Anyway, it is a quiet time for judgments. Today the National Housing Federation took the view that housing provision in the UK, or England at least, is basically demented, with millions to be...