Bank of Scotland v Pereira & Pain & Pain [2011] EWCA Civ 241 This is a rather odd one. Although the case involves fraudulent sale and rent back agreements, mortgage possession and a rescinded sale and transfer of title, that isn't why we're writing...
On the naughty step: Bait and Switch
I don't read the Daily Telegraph. Frankly I've failed to see the point since it stopped featuring details of the salacious trial of the day as a regular fixture on page 3, because the rest of it was preposterous blimpish nonsense, mainly full of regret that...
It is a truth universally acknowledged…
...that if a disrepair claim reaches trial these days, then one of three options must be true: a) there is a genuine and substantive issue of causation or liability (rare as hens teeth); b) one or perhaps both of the parties are mad; c) a combination of the...
What to do?
Carmarthenshire CC v Lewis [2010] EWCA Civ 1567 Another tug of the forelock to 'Recent developments in housing law' in Legal Action for this one, apparently unreported elsewhere. [Update 14/03/11 - we've had a message from Carmarthenshire on this case, see...
Unlawful eviction quantum – assault and expulsion
The usual hat tip to 'recent developments in housing law' in Legal Action for this one, and also Mick O'Sullivan at Avon and Bristol Law Centre. Boyle v Musso, Bristol County Court 25/10/2010 Mr Boyle was an assured shorthold tenant. There had been a dispute...
Why are they there?
Hemans & Anor v Windsor and Maidenhead Royal Borough Council (2011) CA Civ Div 2 March 2011 [Lawtel note of extempore judgment. Not on Bailii yet] This was an appeal by Windsor of the first appeal of a Housing Act 1996 s.202 review decision that it...
Unwillingly at will
Katana & Anor v Catalyst Communities Housing [2010] EWCA Civ 630 A slight oddity of a case, an application for permission to appeal, not strictly a housing matter, despite the Respondent. But it is of interest in the way it deals with tenancies at will CCH...
Potemkin Villages*
Westminster Council have long had a problem with homelessness. I'm sure you will recall the Westminster Council's housing leader's letters to Grant Shapps of last year, imploring him to let them discharge duty by offering an out of borough private tenancy....
Hounslow v Powell newsflash
The judgment in London Borough of Hounslow v Powell [2011] UKSC 8 (Aka, Powell, Hall and Frisby) is out. We have a detailed post coming shortly on this significant judgment on proportionality defences after Pinnock, but for now, the headlines are:...
It’s not how long it is…
...but what you do at the end of it that counts* FMB (EEA reg 6(2)(a) – ‘temporarily unable to work’) Uganda [2010] UKUT 447 (IAC) The Immigration and Asylum Tribunal (Upper Chamber) is not our usual stamping ground, but this is a decision which has...
Well I do declare
Hat tip to Christian at the Estates Gazette Law blog for this one. Crown Estates are to sell their London 'social' residential estates to Peabody Trust. It appears that they are now urgently seeking a tenant to bring forward a test case for a declaration in...
Unreasonable bungalow
Anya Thompson v Mendip District Council, Taunton County Court 3 December 2010 [Unreported elsewhere]. This was the s.204 Housing Act 1996 appeal of a decision by Mendip DC that its offer of a two bedroom bungalow was an offer of suitable accommodation under...