Loveridge v London Borough of Lambeth [2014] UKSC 65 So, if a local authority unlawfully evicts a secure tenant (and yes, it happens) what should the measure of damages be? Under s.27 and s.28 Housing Act 1988, damages fall to be assessed under a...
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Human Rights Round-Up Part 2
Lemo and others v Croatia [2014] ECHR 755 (10/7/2014) Both the facts and the outcome in this case are highly reminiscent of Brezec v Croatia (see our note here). The applicants had occupied flats under protected tenancies from the 1970s until their...
On the naughty step. What Brad did next
Readers with a mid to long term memory might recall 'lawontheweb', which featured in a naughty step post (and indeed a Guardian article) in 2012. Behind lawonetheweb was Brad Askew. Despite my best attempts at the time, Brad didn't respond to any...
Stop Retaliating!
The Tenancies Reform Bill has now been formally published following its second reading. The Bill has changed substantially from the original version that was put forward by Sarah Teather MP and drafted by Shelter. We commented on the Bill before as...
Southwark: Not appealing
It is not unknown for losing parties in a case to not be happy, indeed very upset. There are two basic options. To shut up and put up with it, or appeal. Rather unusually, faced with one of the most coruscating High Court judgments I can recall, in...
Penal notices and warrants
Lawtel had a short note on a case called Bank of Ireland v Shah and another (QBD, 20.11.14) this week and I was wondering if anyone knew any more about it. According to the note, the Bank had a possession order against Mr Shah arising out of a...
Angels Dancing on the Head of Anti-Social Behaviour
Telchadder v Wickland Holdings Ltd [2014] UKSC 57 I will admit to being a bit cool on static caravan parks. I used to live in an area surrounded by them and could never understand why people would want to holiday in them, much less live in them...
Former relevant children who aren’t former relevant children
This is a quick note on a quite important case concerning duties owed to young people who are over 18 and who should have been, but in fact were not, provided with accommodation under s.20, Children Act 1989 prior to their 18th birthday. You may...
Paragraph 71
One of life's great pleasures is watching a good film with Bill Nighy in it. One of my recent favourites is a film called Page Eight. A housing law blog isn't really the time or the place to review the film (you have the link to imdb if...
Errors, damn errors, and statistics: Ajilore v Hackney LBC
With the Supreme Court set to look at priority need this December, Ajilore v Hackney [2014] EWCA Civ 1273 may prove to be a brief footnote in the evolution of the bloated Pereira test. But, at least for the next four weeks, it tells us something...
Monk silenced
Sims v Dacorum Borough Council [2014] UKSC 63 If there is a positive to take from this, it is that it is a Supreme Court judgment that won't take long to discuss. The issue of the rule in Monk that notice by one joint tenant determines the whole...
Shome mishtake shurely: The RLA discover a defence to s.21
[Update 26/11/204. Rather gloriously and hilariously rudely, the RLA have replied. Their response and an explanation of why they are shooting themselves in the foot is now at the end of this post] As the second reading of the Teather bill on...