Our non-lawyer/law student readers, or even non-barrister readers, might have to forgive us for this for this Naughty Step, but it was too good to resist, particularly for those of us - i.e. me - still newly qualified enough to harbour memories of their...
Here be dragons
EPA 1990 prosecutions and the Magistrates Court. I am assured that stout housing lawyers quail at the prospect. And why? Well this High Court appeal by way of case stated, although not strictly housing related, serves as a illustration. Wandsworth v Rashid...
Bits from August LAG 2: Unlawful Eviction damages
The August edition LAG housing updates also contain a couple of County Court unlawful eviction and harassment cases that are well worth noting, particularly on quantum. Abbas v Iqbal, Bow County Court 4 June 2009. Mr Abbas, who was elderly and in poor...
Illegal eviction and the police: Got a story?
Following on from the spate of comments on this post, we have been contacted by a (thoroughly reputable) journalist who would like to write a piece on illegal eviction and, in particular, on police responses and awareness. She is looking for first hand or...
Bits from August LAG 1: Tenancy Deposits
As ever, the lovely Legal Action housing updates have some interesting County Court cases that hadn't reached us. A couple in the August edition concern tenancy deposit cases. Nothing binding (and when will some of these cases reach a higher court?), but...
Not just suitable but properly so
Araya, R (on the application of) v Leeds City Council [2009] EWHC 1962 (Admin) S.188 Housing Act 1996 accommodation, provided pending s.184 decision or s.202 review of a negative s.184 decision, must be 'suitable'. This means that any accommodation to which...
On the naughty step
For this Naughty Step, we're going trans-atlantic. A warm welcome to the Step for Horizon Group Management, a property owner/management firm from Chicago. Horizon cannot be said to lack a pioneering spirit (or, as we shall see, a snappy way with a soundbite,...
Imputed fairness?
Jones v Kernott [2009] EWHC 1713 (Ch) [not on Bailii yet] was an appeal from the County Court on a Trust of Land and Appointment of Trustees Act 1996 case. At issue is the question of fairness and whether and how far a change in common intention can be...
Shocking lack
And I apologise for the pun in the title, which is in dubious taste. Normally on NL, we restrict putting our view on matters to a few comments or the odd, albeit caustic, remark. But the events and legal requirements that are set out in this story from the...
HB means no gas or electricity
In the July edition of Legal Action's housing reports is the otherwise unreported Salah v Munro Willesden County Court April 2009. This was a harassment and unlawful eviction case. Ms Salah began an assured shorthold tenancy of a room on 23 March 2008 for a...
Mistaken on Undertaking
As a reminder, in case one were needed, that undertakings to the Court in ASB cases should be considered very carefully indeed comes Circle 33 Housing Trust Limited v Kathirkmanathan (2009) CA (Civ Div) 16/7/2009 [Not on Bailii yet, available as note on...
Not seriously arguable
Another case on post-Doherty public law defences was handed down on Friday. Stokes v London Borough of Brent [2009] EWHC 1426 (QB) concerned an appeal summary possession order made against a traveller in unlicenced occupation of a plot on a Brent traveller's...