A new Equality Bill was a flagship manifesto commitment and it was finally published at the end of April. The Bill receives its second reading in the House of Commons today. While the Bill is primarily consolidating and tidying up existing law...
All the blog posts, most recent first
Such Sweet Surrender
I'd missed this case from a couple of months ago and it would be fair to say it doesn't concern our usual kind of tenancy - the rent was £390,000 a year and complaints of disrepair concerned a malfunctioning swimming pool - but it does address the...
O(L)ivers Army
Defence Estates v L and another, High Court (Administrative Court, Collins J, 5.5.09) [2009] All ER (D) 20 (May) is - potentially - quite an important case on the ongoing Qazi/Kay/Doherty/Connors/McCann/Cosic debate about the role of Article 8 in...
The importance of not being earnest
Via a somewhat convoluted route, we have received news of a cautionary tale from Croydon. Consider it an illustration of the need to use conditional language when writing about something which is supposed to happen but which is outside of your...
Outsourced temporary accommodation
Many local authorities use private accommodation for temporary accommodation under Housing Act 1996 Part VII. This may be by an LA ALMO 'managing agency', on which more at another time, or by licence agreements with private agencies. One of the...
Outright orders and drug offences
Knowsley Housing Trust v Prescott & Prescott [2009] EWHC 924 (QB) Mr & Mrs Prescott were the assured tenants of Knowsley Housing Trust and had been since 2002. On 11 April 2006, Mr Prescott pleaded guilty to charges relating to the supply...
Emergency remedial action
In Luton Borough Council v Universal Group we have the first (and almost certainly last) decision of the Lands Tribunal under the Housing Act 2004 on appeal from a Residential Property Tribunal (or RPT). 15-17 Chapel Street, Luton is (or was)...
Green Paper "within 10 days"
It's the little things in life which get me excited and, as a bit of a policy nerd on the side, it looks like a Green Paper is to be expected within 10 days if The Times is to be believed. I'd heard on the grapevine that the GP had been canned...
Redolent of Improbability
I don't think there is any significant point of law or practice in Lemas and Sealy v Williams [2009] EWCA Civ 360, but it is a strange case (although one suspects many readers will have been involved in similarly chaotic cases at one stage or...
Tenancy Deposit – it gets worse
Hat tip to Tessa at Landlord Law for this. There are reports on various tenant/landlord forums of tenants losing Housing Act 2004 claims for 3x deposit on unprotected deposit/lack of notification cases where the landlord has returned the deposit to...
Request for info
Garden Court's bulletin of 27 April includes a case note, Thornhill v Sita Metal Recycling Cambridge Ltd [2009] All ER (D) 162, on nuisance, possession of and interest in land. The upshot being that the nature of a claimant's legal interest in land...
Constructive trust and misrepresentation
Qayyum v Hameed & Anor [2009] EWCA Civ 352 is a case with a complicated background - it originated in the collapse of BCCI, for heaven's sake - but thankfully, the issues in this appeal were relatively straightforward, if novel. In 1991 Mr & Mrs...