Just a note on a permission to appeal hearing: Northumberland & Durham Property Trust Ltd v Ouaha [2013] EWCA Civ 291 [Not on Bailii yet, noted in the Garden Court Bulletin] A Rent Act tenant died in November 2010. The other occupant was his 16...
All the blog posts, most recent first
How to Almost Regulate a Profession*
It comes as something of a surprise to many people that there is no formal regulation of lettings agents or any form of structured consumer redress of protection scheme. Apparently, this is something that also bothers our elected representatives,...
The Welsh Exodus Continues
We have had an ongoing series of posts about moving to Wales and at NL towers we have discussed whether we should be seeking advertising from the Welsh tourism authority! Before that comment causes a deluge of emails from unlikely legal service...
‘Transforming Legal Aid’*
No, it isn't over yet. The MoJ has issued a consultation on the next round of legal aid cuts, called 'Transforming Legal Aid'. There are some specific proposals that affect legal aid housing work. Hold on to your chairs... Residence requirement for...
Shelter briefing on private sector discharge
Shelter have produced a briefing on the use of Localism Act powers to place homeless applicants in private sector accommodation, aimed at Local Authorities and Councillors, Changes in the Localism Act 2011 give local authorities more scope to place...
The Wasteland*
April is the cruellest month, breeding LASPO out of the dead land, mixing Memory and despair, stirring Dull anger in its train. Winter left us bare, covering Estates in fears and so, feeding An edge of life with dread of worse. Summer no surprise...
Non-qualifying successors and counting time
Just a short note to alert readers to the case of LB Islington v Doner [2012] EWCA Civ 1745 (casetrack only, as far as I can tell). Since 2007, Doner had moved into a flat owned by LBI. The secure tenant was the former partner of Doner's...
When fraud is not the operating cause of a person’s homelessness
Chishimba v RBKC, Court of Appeal, March 25, 2013, [from a lawtel note - not on bailii yet] concerned an appeal brought by a homeless applicant. The issue was whether Ms Chishimba had become intentionally homeless. Ms Chishimba approached the...
Justice Ill Served, LiPs and the sweating mules of mediation
It is not a housing case at all, but the opening paragraphs of Sir Alan Ward's Court of Appeal judgment in Wright v Michael Wright Supplies Ltd & Anor [2013] EWCA Civ 234 are a remarkable and powerful statement of the position that the Court...
Back in time*
I thought the landlord would lose Daejan v Benson, and, as you all know, the landlord won (see our note here). When NL flagged the next case up to me, I predicted the landlord would lose. And it won. Quite remarkably in my view, but, as is becoming...
Unclear judgment on unclear occupancy
London Borough of Brent v Tudor [2013] EWCA Civ 157 This was an appeal of a Circuit Judge's finding that LB Brent's possession claim under Ground 16, Schedule 2 Housing Act 1985 failed because the property was reasonably needed to accommodate those...
Phoenix from the flames
There was an interesting case-note on Lawtel this week which I suspect most of you saw. The case was LB Enfield v Phoenix and others, High Ct, March 19, 2013, and seemed to concern the circumstances in which a possession claim can properly be...