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News of a change from over the border. From 1st April landlords will have to notify the local authority in a standard form when they raise proceedings for possession. This will give effect to s. 11 of the Homelessness etc (Scotland) Act 2003. ...
We've had an email from HHJ Madge, perhaps better known to housing lawyers as Nic Madge, co-editor with Jan Luba QC of LAG's housing law updates and general all round doyen of the field. I'm delighted to be told that Nic Madge has started his own...
"That is the question, easy to ask but not so easy to answer" - as it takes the Court of Appeal 40 pages (right before Christmas, thank you very much, hence this rather late note) to answer that question in R (A) v LB Croydon; R (M) v LB...
Nearly Legal is on holiday for a bit. Don't expect anything much before early January. Unless, of course, something comes up, or a whim takes one or more of us by force. A well earned rest to all our readers, before a doubtless to be frenzied 2009.
Once someone is in temporary accommodation, following an acceptance of the full housing duty to a homeless person by the local authority, what happens when that temporary accommodation becomes unreasonable for the household to continue to occupy,...
Barry v London Borough of Southwark [2008] EWCA Civ 1440 concerned an EEA national's eligibility for social housing, via a Part VII application. EEA 'workers' are eligible for housing assistance as they are not persons subject to immigration...
What Doherty v Birmingham City Council (Secretary of State for Communities and Local Government intervening) [2008] UKHL 57 actually means for a public law defence to possession claims, particularly summary possession, was the subject of London...
R (Gargett) v LB Lambeth [2008] EWCA Civ 1450; on appeal from [2008] EWHC 663 (Admin). A Discretionary Housing Payment (DHP) is a discretionary payment made by a local housing authority to a person who is (a) in receipt of housing benefit or...
Mangion v Lewisham LBC only appears on lawtel as an ex tempore judgment on 11.12.08 so if somebody out there has a transcript/better note of the Court of Appeal's judgment, that would be helpful to understand this decision. What appears to have...
In St Pancras & Humanist HA v Leonard [2008] EWCA Civ 1442, the Court of Appeal held that, although Mr Leonard had possession of the relevant property (a garage), he nevertheless was estopped from claiming a right by adverse possession against...
Ackerman and another v Lay and others [2008] EWCA Civ 1428 (not on Bailli, but available via Lawtel) The appellants/tenants were the leasehold owners of a building and the respondents were the freehold owners of the same. The building had been...
Reg 8(2) of the Allocation of Housing and Homelessness (Review Procedures) Regulations 1999 provides that if a reviewing officer on s.202 review considers: that there is deficiency or irregularity in the original [s.184] decision, or the manner in...