Word reaches us that LB Southwark v Austin (our report on the Court of Appeal here) has been given permission by the House of Lords (or Supreme Court as it will be). It seems that the time of the tolerated trespasser troubling the Lords is not yet over, as...
The Lords on Aweys coming soon
News reaches us that the House of Lords opinions in the appeal of Aweys v Birmingham are to be handed down on 1 July (Court of Appeal report here). [Update, Moran v Manchester CC (our Court of Appeal report here) will also be handed down on the same day as...
Two homes, two MPs and an EDMO
EDMOs, a remarkable power given to local authorities under Housing Act 2004 to take control of an abandoned or unused residential property and let it (and charge the owner for most of the related costs of doing so), have been used remarkably rarely - I am...
Kay re-stated
And the question of what Doherty actually means rumbles on. Central Bedfordshire Council v Taylor & Ors [2009] EWCA Civ 613 was the Court of Appeal hearing of an appeal from a Circuit Judge's decision to make an outright possession order and, in particular,...
He can look after himself
R (Shoaib) v LB Newham [2009] All ER (D) 198 (Jun) [only available as an All ER note as yet] was a Judicial Review of a decision to terminate s.21 National Assistance Act support to Mr Shoaib. Mr Shoaib had claimed asylum in 2004. His claim had been rejected...
Take it as is or not at all
Ryan v London Borough of Islington [2009] EWCA Civ 578 concerned Ms Ryan's Right to Buy under Part V Housing Act 1985 and whether or not it had been deemed to be withdrawn. Ms Ryan was the secure tenant of a an Islington property. In January 2003, she served...
Pick a date, any date
It might be a small thing next to the likes of Weaver v L&Q, but Hussain v Bradford Community Housing Limited & Kauser [2009] EWCA Civ 763 is worth attention on a technical point. Hussain had a weekly periodic tenancy has joint tenant with Kauser. The weekly...
Weaver v L&Q Newsflash
R(Weaver) v London & Quadrant [2009] EWCA Civ 587 is out (link to doc of the judgment thanks to Garden Court) This was the Court of Appeal hearing of L&Q's appeal of the High Court finding that it was a public authority in its housing function,...
Martin Creed is not kosher
The lights go on, the lights go off, the lights go on, the lights go off. Such was Martin Creed's Turner Prize winning installation (and I will not hear a word against Creed - I warn you now, any objection will be met with a lengthy analysis of late...
Residing, or merely living, with…
Freeman v London Borough of Islington [2009] EWCA Civ 536 was an appeal to the Court of Appeal from a Circuit Judge's finding that Ms Freeman was not entitled to succeed to her father's secure tenancy under s.87 Housing Act 1985. At issue was the definition...
Right to buy and Housing Benefit rebates in the Lords
The House of Lords opinions in Hanoman (FC) (Respondent) v London Borough of Southwark (Appellants) [2009] UKHL 29 were handed down today. This was Southwark's appeal of a Court of Appeal judgment we noted here. Briefly, Mr Hanoman was a Southwark secure...
Now we are three
It seems like it was just yesterday it started, albeit with a very long and restless night in between, but Nearly Legal is now three years old, which in internet terms is late middle age to bus pass territory. But, if I wondered how the time was actually...