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Akhtar v Birmingham City Council [2011] EWCA Civ 383 [not on bailii yet, we've seen a transcript] When a Local Authority accepts the applicant's case on a review under s.202 review under Housing Act 1996, is there or should there be a duty to give...
I've been a fan of the Guardian Law site since it started out. It is energetic, thoughtful and interesting. But, as any unbiased and entirely objective observer would be bound to conclude, the site had an obvious and gaping hole in its coverage....
Hat tip to Legal Action's Recent Developments in Housing Law for letting us know about this one. Westlea Housing Association v Price, Swindon County Court, 20 & 21 Jan 2011 An ASB possession case, successfully defended at least partly on the...
We've heard of a couple of County Court proportionality defence decisions since Pinnock. but none in enough detail to report. One of those is, apparently, headed to appeal, so maybe more then. But we've now had sight of a full judgment in a County...
I was in B&Q the other day, when a man in an orange overall came up to me and asked if I wanted decking... luckily I managed to get the first punch in. Ok, so that's not the greatest joke in the world (and, as my wife points out, I've never...
For those of you interested in selective licensing under Part 3, Housing Act 2004, we bring you news of a possible judicial review case R (Hooper and others) v Hyndburn DC CO/2010/2184, in which Owen J (sitting in the Manchester District Registry)...
Hat tip to Legal Action 'Recent Developments in Housing Law' for this one. Watford Community Housing Trust v Personal Representatives of Elizabeth Chalmers, Watford County Court 14 January 2011 This was a possession claim under Ground 9 Schedule 2...
The LAG Defending Possession Proceedings (7th Edition), a book which is surely in every housing practitioner's library, has received an update to cover Pinnock and Powell, public law and proportionality defences. The free update can be downloaded...
Makisi & Ors v Birmingham City Council [2011] EWCA Civ 355 Does the right to make oral submissions to a review officer on a s.202 Housing Act 1996 review, following a 'minded to' letter, mean that the applicant has the right to insist on a...
Nearly Legal was brought up with chickens (not by chickens - a vital distinction. No poultry played a parental role at all. Oh no). After decades, and not a little intensive therapy, the metaphorical, if not the literal, scars seemed to have faded....
Feeling cheerful? Good, we'll soon change that. Whether Claimant or Defendant on disrepair, judicial review or other CFA funded claims, the world is about to shift on its axis somewhat, and both sides are going to have to rethink their positions...
Grant Shapps has given A statement to Inside Housing on his view of the impact of Pinnock v Manchester and Powell v Hounslow on the plans for flexible tenancies. The short answer is not a lot. He points to the 'exceptional case' provision and the...