Salvesen and Riddell & Anor v. The Lord Advocate (Scotland) [2013] UKSC 22 It is not common for us to cover Scots Law, or Agricultural Law, here. However, both mores are to be broken in the face of an interesting convention decision from the...
All the blog posts, most recent first
Legal Aid Agency FAQs*
The Legal Aid Agency has released a set of 'frequently asked questions' on scope and funding after 1 April just gone. A copy is here. The housing section is at 74-109 There are few surprises, but worthy of note is the position on disrepair: 81. Are...
A Further Deposit From the Court of Appeal
Johnson & Ors v Old [2013] EWCA Civ 415 The Court of Appeal has been turning its mind to another of the odd questions that has sprung from the fertile litigious bosom of tenancy deposit protection. In this case the argument was over the question of...
Formerly known as…
If you look carefully, there is a small change on the site. A clue is in the header to this post. I (NL as was) have decided to write under my real name. After nearly 7 years of pseudonymity, I thought 'what the hell', and it isn't as if it isn't...
Of statutory defences and bottles of urine
An appeal against conviction on an illegal eviction case. We didn't report it at the time, but in R v Jay Allen & Razwan Mohammed, in Sheffield County Court, September 2012, Jay Allen was convicted of illegal eviction under section 1(3A)...
Not So Great Expectations
We are all aware that there is no general entitlement to permanent accommodation via the Part VII route (R v Brent ex p Awua). So it is interesting to find a s.204 appeal where it was argued that the Appellant had a legitimate expectation of...
When is a spouse a spouse? We’ll find out
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...
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...