The Government's proposal to criminalise trespass to residential property, contained in LASPO at clause 136, is due to be considered at report stage in the House of Lords tomorrow (Tuesday 20 March). The Government's estimate of additional costs...
All the blog posts, most recent first
Proportionality and bankruptcy: On fish and terrapins
One question (of the many) arising from the watershed that is represented in English and Welsh law by Pinnock is just how far it extends. We hope to have a Court of Appeal decision on private landlords and the application of proportionality...
Single room rate and social housing
[Updated 15 March, see below] Joe Halewood, who runs a fine blog on supported housing at SPeye, has unearthed a rather alarming statement from the DWP buried in the impact assessment on under occupation changes to HB for social housing from October...
Monk, ECHR and Article 8
Dixon v UK has now reached a conclusion in the ECHR with an Order made on 21/2/12 removing the case from the lists under Art 37 (1)(c) of the Convention. This Order is the Court's response to a unilateral declaration made by the UK government on...
When does a houseboat become a “hereditament”?
In Reeves v Northrop [2012] EWHC 415 Admin, this precise question arose in the context of an appeal by the valuation officer (Reeves) against a decision of the Valuation Tribunal. It's a little off the beaten track for us (a council tax appeal)...
Housing and LASPO – Urgent
The Legal Aid, Sentencing and Punishment of Offenders Bill enters report stage in the House of Lords from 5 March. Any further amendments to the bill in the Lords must happen at this stage. It is likely that the social welfare provisions, including...
What is the difference between a jacuzzi and a sauna?
This may be one of the more esoteric points to be heard by the Court of Appeal on terms of a lease, but one of the issues in Newman v Framewood Manor Management Co Ltd [2012] EWCA Civ 159 was whether Mrs Newman was entitled to damages for...
Service charges: the GLA speaks
You'll remember that, back in August 2011, the GLA announced that it was conducting a review of service charges in the capital (see our note here) and that the evidence included a panel discussion which was broadcast across the internet (see here)....
Don’t squash my musical ambitions, dude
Just for a little bit of Friday fun, I bring you the news that friend of the blog Mike Weatherley MP has apparently joined forces with a well known chain of coffee houses to create a competition called ‘Rock The House’. The competition is aimed at...
“Tenting on the Old Camp Ground”
Babenko v Ukraine Appn No 68726/10 of 4/1/12 is an ECHR Chamber decision which looks at the relationship between an applicant's right to social housing from the state and Art 1 of the ECHR First Protocol. The Applicant was a WWII veteran who...
Rumour has it…
Keep your eyes out for Khela (by his LPA receiver) v Dainter, Birmingham County Court, 29.2.12, which HHJ McKenna has just transfered into the Court of Appeal. It's an appeal against a s.21 possession order made under the accelerated procedure in...
Vulnerability permissions to appeal
The Pereira test is not exactly easy to apply and equally difficult to challenge on a first appeal. In Kata v Westminster CC [2011] EWCA Civ 1456 and Simpson-Lowe v Croydon BC [2012] EWCA Civ 131 (neither are on baili or westlaw, but are on Lexis;...