We here at Nearly Legal don't just sit around staring at the ever increasing backlog of cases to write up. Oh no. We do other things too. One of the other things some of us are doing is the London Legal Walk on Monday 20 May. The aim of the walk is...
All the blog posts, most recent first
Being civil
Morshead Mansions has been involved in a quite astonishing amount of litigation. Bailii throws up 13 hits (here), cases in the LVT, Lands Tribunal, High Court and Court of Appeal. It's really must be the most awful burden on all those involved. And...
Yet another one…
The Leasehold Reform Act 1967 gives qualifying long leaseholders of houses the right, inter alia, to acquire the freehold. The definition of "house" is quite technical, but, in essence, it turns on whether it could reasonably be called a house...
Bedroom Tax Judicial Review update
Just to note that the 10 joined bedroom tax Judicial Review claims (for initial details see our note) are listed for full hearing on Wednesday to Friday next week (15-17 May). The claims involve a range of challenges to the regulations involving...
Lets try not to break this one – HLPA and the Equality Act 2010
This may not be a universally held view, but I think we housing lawyers aren't really very good at equality law. We were very late to the party with the Disability Discrimination Act 1995 (the first higher court case wasn't until 2003, with North...
To be incurred or not to be incurred?
Those with good memories will remember that a year or so ago the Upper Tribunal gave judgment in a case called Om Property Management Ltd v Burr (our note here) in which the issue was at what point in time does a cost became incurred for the...
Intention and resulting trusts
Chaudhary v Chaudhary (not on bailii yet but on lawtel) is something of a puzzle, which hopefully will be solved when we see the full transcript (hint, hint). It may be important, but it's a little early to say. The one thing about it that isn't a...
The Shape of Things to Come.
In which two [now confirmed as four] Housing Associations behave very badly in anticipation of the benefit cap. Haringey is one of the pilot boroughs for the benefit cap, limiting the total amount of benefit, including housing benefit/LHA (and...
When is Article 8 available at the enforcement stage of the eviction process?
In R (JL) v SSD [2013] EWCA Civ 449, the Court of Appeal "broke new ground"* by considering how Article 8 applied to the stage at which possession orders are enforced. Facts JL rented accommodation owned by the Ministry of Defence and had done so...
Regulatory dilemmas
The Regulatory Committee of the HCA has published Protecting Social Housing Assets in a More Diverse Sector, which is styled as a discussion paper, but which also contains some thought-provoking questions about how regulation can and should work in...
Tories to regulate private rented sector? Don’t get excited…
The detail of this may have passed you by at the time, it certainly did me, but amongst the wind and posturing of David Cameron's 'big speech' in March on stopping immigrants from getting things from healthcare to driving licences was quite a...
Tenants! Be the best that you can be!
At the very beginning of social housing, with the Peabody Estates in the 1860s, prospective tenants faced imposed requirements that we would now consider to be extraneous to the tenancy: Mandatory smallpox vaccinations; curfews; and cleaning rotas...