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It is official, orders signed and everything. As of today, 20 May 2009, Schedule 11 of the Housing & Regeneration Act is in force, save for paragraphs 3(3), 8(3) and 14(3), which we are arguing about below. Housing and Regeneration Act 2008...
Following on from our post yesterday (and from a personal conversation with Robert Latham of Doughty Street Chambers) we can shed a bit more light on the forthcoming commencement of Sch 11, Housing and Regeneration Act 2008. Firstly, the successor...
With grateful thanks to James Stark of Garden Court North and North West Housing Law Practitioners Group, we can pass on some news on the introduction of Schedule 11 Housing & Regeneration Act 2008 and the end of the tolerated trespasser. The...
Legal Action May 09 housing updates contain a few tenancy deposit cases, which further muddy the waters... Seghier v Rollings, Bow County Court, 6 March 2009. An assured shorthold beginning in May 2007. A deposit was paid by Mr Seghier to the...
The May edition of Legal Action's housing updates contains a report on Khan v Iqbal, Bury County Court, 13 March 2009. Ms Khan was an assured shorthold tenant on rent of £650 pm. She lived with her children aged 15 and 12 She got into rent arrears....
Whitehouse v Lee [2009] EWCA Civ 375 is a rare beast – a successful appeal against a decision on reasonableness in the context of possession proceedings. However, it merits close attention not only for its rarity, but because it also reminds us of...
In Port of London Authority v Ashmore [2009] EWHC 954 (Ch) the Defendant had, since 1983, tethered his sailing barge to Albion Wharf on the Thames close by Battersea Bridge. The Authority wished to register title to the bed of the river Thames but...
May's Legal Action housing reports, as compiled by Jan Luba QC and HHJ Madge, are positively bursting with interesting stuff. Pretty much all the High Court/Court of Appeal cases and some of the rest have already been reported here. But there are...
I'm just in the process of marking what feels like thousands of coursework essays on proprietary estoppel and constructive trusts. The thing that gets me - time for a rant - is that my very clever three As students can't actually write a proper...
Can you acquire title to land over which a highway runs? There seems to be no reason in principle why not but R (Smith) v Land Registry (Peterborough) [2009] EWHC 328 (Admin) — wrongly in my view — suggests otherwise. The Claimant had occupied land...
The London Legal Support Trust annual sponsored walk takes place on 18 May 2009, at 5.30pm. Members of the judiciary, as well as solicitors, barristers and ILEX members engage in a leisurely stroll around London in order to raise money for legal...
The Court of Appeal yesterday heard argument in Redpath v Swindon Borough Council B2/2009/0479. The case concerns the definition and scope of "housing management functions" for the purposes of ASBIs under s.153A, Housing Act 1996. We'll bring you...