A brief note on Hussain v LB Waltham Forest [2015] EWCA Civ 14, which concerns the definition of 'other violence' in s.177(1) of the Housing Act 1996. In Yemshaw v LB Hounslow [2011] UKSC 3, the Supreme Court held that 'violence' under s.177(1)...
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On the naughty step: The Low Road edition
While there is an update to be made on our old friends Charles Henry & Co (the 'not solicitors'), it will have to wait, because we have some new and very, very special friends. And excitingly, these friends involve us in both Scots land law and...
Zambrano carers and social assistance
There must be times when Court of Appeal judges think that they have bit parts in an ongoing drama - they have a walk on role. And that must be how the Court felt in Sanneh v SSWP and others [2015] EWCA Civ 49, which concerns the eligibility rules...
Let’s all move to Wales …*
Yesterday, the Welsh Government published the Renting Homes (Wales) Bill. The Bill seeks to implement the Law Commission's Renting Homes Bill, with some major amendments partly reflecting the devolution settlement (ie what can be done) and partly...
Lord Justice Lewison and the Return of English
I recently found myself reading and writing about the Court of Appeal judgement in Edwards v Kurasamy (our report here). Doing so made me think about the recent spate of judgements given by Lewison LJ that have touched on the private rental sector....
Refurbishment
The site had been getting a bit unwieldy lately as things got added - the downloads, the bedroom tax page and so on - plus the ever burgeoning archives. Then there were glitches with the email updates for subscribers. So, I have done a bit of a...
Shared care isn’t occupation as a home.
A short Upper Tribunal decision has put an end to bedroom tax appeals based on the 'part-time' residence of a child of a separated family with shared care. MR v North Tyneside Council and Secretary of State for Work and Pensions (Housing and...
Proposed changes to S.21
As well as the clauses introducing the retaliatory eviction proposals, the Government's proposed amendments to the Deregulation Bill would make some other changes to s.21. The effects would be: No s.21 notice can be served within the first 4 months...
ECtHR Update
Anthony Aquilina v Malta 11/12/14 This is the latest in a line of judgements from the ECtHR dealing with rent control and Article 1 of Protocol 1 (see previous reports here and here). Mr A was the owner of a property in Malta, which he had...
The revenge of retaliatory eviction law
After the Teather 'revenge eviction' member's bill was talked out by a couple of Tory MPs, (Chope and Davis), the question was would the proposals survive in another form before the election. Well today, the DCLG announced the Government's proposed...
Email subscription problems
There appears to be a problem with update emails going out - at least for the last 3 or 4 days. This is not a problem with our end of things, but there is no acknowledged problem by the provider of the email update service (Google, via feed...
Nuisance and reasonable steps
As an illustration of the perils of a claim in nuisance, here is Yianni v Shakeshaft [2014] EWCA Civ 1639 [Not on Bailii. We've seen a transcript] Ms Y is the leaseholder of a flat below that of Mrs & Mr Shakeshaft, who had a tenant in theirs....