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...
No admittance
Sharon Horie v the United Kingdom - 31845/10 [2011] ECHR 289 Back at the end of 2009 we reported the Supreme Court case of Secretary of State for Environment, Food and Rural Affairs v Meier and another, which upheld the use of a quia timet injunction - a...
It’s all in the detail – Pinnock part 2
Manchester City Council v Pinnock [2010] UKSC 6 As if to confirm that housing law is, well, complicated, there is a coda to the Supreme Court decision in Manchester City Council v Pinnock, which has led to a supplementary judgment being handed down. This...
There must be some kind of way out of here…
Or a Naughty Step special edition. Another Naughty Step post? So soon? Well, yes. I have no control over how these things crop up and not only does this case feature some jaw droppingly bad behaviour, the demise of a whole business legal model and some...
On crowbars and considered conduct
Strydom v Fowler. Brentford County Court 24 November 2010 A County Court case involving possession, unlawful eviction, trespass and Housing Act 1988 s27 and s28. Our thanks (as ever) to the Legal Action 'Recent Developments in Housing Law' for this one. Mr F...