Aricioglu v Kaan Clerkenwell & Shoreditch County Court, 16 October 2009. The December 2009 Legal Action Housing Updates included this County Court claim for harassment and unlawful eviction. Mr A rented a room in a shared house from Mr K for £75...
All the blog posts, most recent first
Consultation and Prejudice
Daejan Investments Ltd v Benson and others LRX/148/2008 One of the advantages (so we were told) of the Lands Tribunal moving to become the Upper Tribunal (Lands Chamber) was that members of the senior judiciary could be brought in for guest...
Gimme shelter
R (Garbet) v Circle 33 Housing Trust and another [2009] EWHC 3153 (Admin) [link is to a .doc] was discussed by us (via news reports in Inside Housing and on Radio 4) below. I asked for a transcript and, as if by magic, one was provided. I stand by...
Pinnock Permission
We've just heard that Pinnock in Manchester CC v Pinnock has been given permission by the Supreme Court. Our note of the Court of Appeal case is here ([2009] EWCA Civ 852). We had wondered about permission after Central Beds v Taylor was refused. I...
A transcript, a transcript – my kingdom for a transcript
As you'll all know, there has - for some time now - been rumblings about judicial review claims where RSLs/local authorities have decided to replace resident wardens (in sheltered housing schemes) with non-resident wardens. It appears that, on...
A strange new beast in the forest
The case of Clarence House v National Westminster Bank [2009] EWCA Civ 1311 deals with a relatively new form of transaction that seems, at present, to be confined to City property transactions. I report it here because it may become more...
Chancery or Family? – the former matrimonial home
In Smith v Smith the Court of Appeal considered the conflict between TOLATA and its family law jurisdiction. The background is a sad one. The Smiths married in 2004. They bought what I assume to be a lovely house of 3,800 square feet in 5 floors...
New Local Authority Allocation Guidance
DCLG has released the new Code of Guidance for Local Authority allocation of housing. There is a slightly unfinished page about it here and a press release here. The Code of Guidance itself is here [link to pdf]. We will come back to the Guidance...
How to claim Housing Benefit without mentioning it
Novitskaya v London Borough of Brent & Anor [2009] EWCA Civ 1260 Just a brief note on this appeal from the Social Security Commissioners. At issue was what could constitute a claim for housing benefit, albeit a 'defective' claim. Ms N was...
Lord Neuberger on housing law
The UKSC - an excellent blog (albeit technically and practically horrible to use) which is dedicated to the doings and ins and outs of the Supreme Court - has a interesting post on Lord Neuberger's keynote to the SHLA conference. I wonder how the...
On possession, recovery and quia timet injunctions
Secretary of State for Environment, Food and Rural Affairs v Meier and another and others and another and another [2009] UKSC 11 A Supreme Court Judgment handed down today, 1 December 2009. This was an appeal from the Court of Appeal, [2008] EWCA...
Shop an unlawful sub-tenant, win £500
The Government has decided to have a campaign against unlawful sub-tenancies of social housing, or rather against the unlawful landlords and tenants both. The estimated figures are that between 50,000 and 200,000 social properties are occupied by...