Hughes v Borodex Ltd. [2010] EWCA Civ 425 This was the Court of Appeal hearing of the appeal from the High Court decision on first appeal that we reported in March 2009. I won't rehearse the facts, which are in the earlier post, but the issue was whether...
In actual occupation but not actually living there.
Link Lending Ltd v Bustard [2010] EWCA Civ 424 This was an appeal from a mortgage possession case, centred on the issue of whether Ms Bustard could be said to be in actual occupation of the property such that she had an overriding interest under Land...
Failed asylum seeker – accommodation, not support
R (Kiana) v Secretary of State for the Home Department (2010) QBD(Admin) 20/04/2010. [ Note of extempore judgment on Lawtel] [Now full judgment on Bailii] Mr Kiana came to the UK and applied for asylum. He subsequently lived with his partner and they had a...
Election fever!
So, while we wait for some more housing judgments (and they are coming. Austin v Southwark LBC is being heard in the Supreme Court tomorrow - Wednesday 21 April - and Thursday, for starters), I thought we might take a look at the main parties' manifesto...
On the naughty step – there’s not an app for that
I have an iPhone (a 3GS, since you asked) and I like it. No, let's be honest, I love it with a passion bordering on the indecent. So when I saw a note on Roll on Friday which said that there was now an iPhone app "which enables users to access the current...
Access to Justice
An anecdotal rant, for which forgive me. Sometimes one needs to vent, but this is hardly an unusual situation. It is 'just' an example of the viciousness of the public funding boundaries. I've combined a few instances in what follows, and changed details for...
Events, dear boy, events…
A couple of bits of news. First, John Healey, the shy and self-effacing Housing Minister, announced his intention to make unlawful sub-letting a criminal offence. That said, the DCLG press release rather jumps the gun by describing the sub-lettings as...
‘There were three people in this mortgage’
Hewett v First Plus Financial Group Plc [2010] EWCA Civ 312 We are a little late on this one, which the family law bloggers have already noted, but it is a bit irresistible. Mrs Hewlett was appealing a possession order obtained by First Plus against her...
‘Minded to’ letters and oral representations
Bury Metropolitan Borough Council v Gibbons [2010] EWCA Civ 327 This was the Court of Appeal judgment on a second appeal from a s.204 Housing Act 1996 appeal in the County Court. At issue were the Circuit Judge's findings that Bury had: a) failed to give...
A farewell to the RSL
On 17 March 2010, the 'The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010', SI 2010 NO. 866 was made. Also enacted on 17 March was The Housing and Regeneration Act 2008 (Commencement No. 7 and Transitional and Saving Provisions)...
Permission 2 – given: EU child and Homeless duty
Lekpo-Bozua v Hackney LBC [2010] EWCA Civ 222 [Not on Bailii] Ms L-B had applied to Hackney as homeless. Hackney accepted that she was eligible, homeless, not intentionally homeless and in priority need, because her niece, a child, lived with her. However,...
Permission 1 – refused: date of notice
Elias v Spencer [2010] EWCA Civ 246 [Not on Bailii yet] This was a permission to appeal to the Court of Appeal hearing. The issue was the date given in a s.21 Housing Act 1988 notice on an assured shorthold tenancy. The notice stated that possession was...