It appears that the Tenant Services Authority is living on borrowed time and is on route to being the shortest lived social housing regulator ever, having got its full powers only in April 2010. There will probably be an announcement at the Chartered...
Measuring a measured duty
Lambert & Ors v Barratt Homes Ltd & Anor [2010] EWCA Civ 681 This was the Court of Appeal hearing of an appeal by Rochdale MBC (the anor in this case) against the judgment of HHJ Grenfell in the Technology and Construction Court. The issue was the...
A bumper pack of unlawful eviction – updates from Legal Action
In the second post of County Court cases you will already have read in June's Legal Action Housing updates, we turn to unlawful eviction and harassment. And it appears to have been a rich few months in this regard, with no fewer than five cases to note....
Re-entry and re-opening: updates from Legal Action
June's Legal Action housing updates have a bumper collection of interesting county court cases, as you'll already know. For our archives, this is the first of a couple of posts. This one deals with cases on post-eviction re-entry and on re-opening possession...
Pulling the Rugg out from under them
Housing Minister Grant Shapps has now confirmed that not only the National Landlord Register is finished as a proposal. Also dead in the water are regulation of letting and managing agents, and compulsory written tenancy agreements. Councils are 'urged to...
Housing policy dribbles
Or the good, the bad and the ugly from the Housing minister and the Communities and Local Government secretary. Grant Shapps, housing minister has been setting out some plans, or perhaps aspirations. Mostly, these seem to involve encouraging people to buy...
Care Home closure – not admissible to ECtHR
Louisa WATTS v the United Kingdom - 53586/09 [2010] ECHR 793 This was the admissibility hearing of a case brought by Yvonne Hossack on the closure of a care home by Wolverhampton BC and transfer of the residents to other care homes. Ms Watts was a resident...
Accommodating an abducted child
EA v GA & Westminster City Council & Salford City Council [2010] EWCA Civ 586 [Not on Bailii, transcript on Lawtel] This is a little outside our usual grounds, but as it concerns the Court's power to direct Local Authorities to accommodate a child and...
Less than ambulatory intentions
Kernott v Jones [2010] EWCA Civ 578 This was the Court of Appeal hearing, on a second appeal, of a case on equitable interests in a property. We reported the first appeal to the High Court and were uneasy about the outcome of that appeal, which seemed to...
How binding is a s.125 notice?
Nessa v London Borough of Tower Hamlets [2010] EWCA Civ 559 This is an interesting appeal on the issue of the amendment or replacement of a S.125 Housing Act 1985 notice offering the right to buy at a specified price. The actual case itself is not...
Ibrahim/Teixeira guidance
The DWP has issued guidance to decision-makers on benefit entitlement in the wake of Ibrahim and Teixeira (our report here) in the European Court, for when there is a likely Article 12 Regulation (EEC) No 1612/68 derived right for a child or children to...
A locked room mystery
LB Lambeth v Emeter [2010] EWCA Civ 527 [not on Baili, note from a transcript] This was a renewed permission to appeal hearing which foundered on Mr Emeter's complete lack of Agatha Christie-esque skills in plotting, detail and making evidence ambiguous. Mr...