Mendes & Anor v Southwark LBC (2009) CA (Civ Div) 24/03/09 [not on Bailii], is a useful case for those representing JR claimants. The report is on Lawtel. Southwark had made an erroneous decision on Mr Mendes' eligibility for housing assistance...
All the blog posts, most recent first
The end of tolerated trespassers delayed a bit.
News just in - the government has announced that the date for the implementation of s.299 H&R Act 2008 - which brings in 'replacement' tenancies has been delayed from 6 April 2009, when we thought it was going to happen, to 'early May'. This is...
Now this is interesting…
The Observer had a very interesting article yesterday, which can be found here. It concerned the complaint by Andrew Brown (not his real name) to the Financial Ombudsman Service. Mr Brown was a tenant of a housing association who was persuaded by a...
Carry me out feet first
Second of the Ground 16 cases is London Borough of Brent v John Hodson [2009] EWHC 566 (QB) [Not on Bailli yet]. This was decided in January but only released in the last day or so. This is an appeal to the High Court on issues of availability of...
Appealing reasonableness decisions
This is the first of two appeals on Ground 16 possession claims which came out today, both concerning whether it was reasonable to make a possession order. The second will be up later on. Bracknell Forest Borough Council v Harry Green & Denise...
Southwark and the Lords
Southwark LBC are involved in two cases are being heard in the House of Lords next week. Hanoman v Southwark is a Right to Buy dispute and R (G) v Southwark is about whether there is a lawful distinction between a child who is "in need of...
Letting agents hit by TDS?
A recent blog post on the PainSmith blog illustrates a potentially nasty trap for letting agents (and useful alternative target for tenants) in the tenancy deposit protection system of the Housing Act 2004. According to PainSmith a let-only agent...
Help with service charges
Leaseholders who purchased their properties from local housing authorities under the Right to Buy (and those persons who subsequently bought on from those original purchasers) are currently facing huge service charge bills (up to £40,000 in some...
Not taking the hint
Just a short note about an ASBO case that was decided in the Divisional Court today - Birmingham City Council v Dixon (18.3.09). Imagine, if you will, that a local authority applies for an ASBO against "X". After the application is issued, but...
Without Prejudice acknowledgment of title?
Ofulue v Bossert [2009] UKHL 16 was an adverse possession case - we commented on the Court of Appeal hearing here, and that post gives the background. There was an appeal to the House of Lords which was primarily concerned with the limitation...
Leasehold update
A couple of things to leave you with on a Friday afternoon. Leaseholders who are dissatisfied with the management of their properties are entitled to apply to a Leasehold Valuation Tribunal (LVT) for the appointment of a manager - Part 3, Landlord...
The Irish Doherty?
This is well outside our usual beat, not to say our jurisdiction, but in an interesting case, the Irish High Court in Dublin City Council v Gallagherr [2008] IEHC 354 has found, for a second time, that summary possession proceedings, infringed Art....