We have had confirmation that the appeal of the decision in Richardson v Midland Heart (our detailed note here), on shared ownership, assured tenancies and leasehold interests, has been discontinued. Rumour has it that there is another appeal in a similar...
Unlawful Eviction, exemplary damages and why people don’t like estate agents
Islam v Yap and Others. Claim No: TLQ/09/1130. High Court, 20 November 2009. This was a claim for unlawful eviction and a tale worthy of a play by Ben Jonson. There were no less than 5 defendants, and such superfluity necessitates an opening description of...
Right of residence and children in education
LB Harrow v Ibrahim C‑310/08 on reference from the Court of Appeal (LB Harrow v Ibrahim and another [2008] EWCA Civ 386. Our note here). The question was whether: (a) children of EU citizens who have installed themselves in a member state during the exercise...
Undue restriction
We at NL try to keep up with the cutting edge of human rights law, even when it is a little uncomfortable. But hitherto undreamt of vistas of potential challenges opened up when we read this account of the complaint of Count Alfons Mensdorff-Pouilly, of...
Missing letters, Reviews and Determinations of Civil Rights
Tomlinson & Ors v Birmingham City Council [2010] UKSC 8 This is the Supreme Court judgment on the appeal from the Court of Appeal of what was then called Ali & Ibrahim v Birmingham City Council [2008] EWCA 1228 [our report here]. At issue was whether...
Self Insurance and Right to Buy leases
Mihovilovic v Leicester CC [2010] UKUT 22 (LC) Another Upper Tribunal (Lands Chamber) case. This was an appeal by the leaseholders of an LVT decision in respect of service and major works charges levied by Leicester City Council, the freeholder. There were...
Two weeks, three months, whatever. TDS in the High Court.
Draycott & Draycott -v- Hannells Letting Limited [2010] EWHC 217 (QB) This is the first High Court judgment on the tenancy deposit scheme element of the Housing Act 2004 and thus the first that is binding on all lower (County) Courts. This is therefore a...
Continued incompatibility
Readers with a long memory (relative to the general standards of the 21st century) will recall that there was a finding in Connors v UK (2004) that the law that meant that travellers on Local Authority sites could be evicted without the court overseeing...
Legal Aid enters its Bến Tre period
The Ministry of Justice response to the 'Legal Aid: Refocusing on Priority Cases' consultation is now out, with the MoJ's final proposals [link to pdf]. Although the responses to the consultation appear to have been pretty universally negative, the MoJ is...
Advice and assistance
R(Savage) v LB Hillingdon [2009] EWHC Admin 88 [not on Bailii yet, available on Lawtel]. Ms S applied to Hillingdon Council as homeless following a possession order on her private rented accommodation on grounds of rent areas. Hillingdon provided temporary...
John Healy saves the world*
*Not really. The current housing minister, who holds the current record for the number of times a housing minister's name can be mentioned in a press release, has announced forthcoming legislation, in response to the Rugg report. More details here [link to...
Tenancy Deposit – renewal of tenancy again
Bihari v House Trader (UK ) Limited. 14 January 2010, Central London County Court While we wait for the forthcoming High Court and Court of Appeal decisions in tenancy deposit cases, here is a tenancy deposit appeal, but, alas, only to a Circuit Judge, so...