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 eviction on 19/11/2010. The properties were initially publicly owned but the company which owned the properties […]

Anti-social behaviour – advance guidance

Given that most of the Anti-Social Behaviour, Crime and Policing Act 2014 is not yet in force, including the provisions which empower the Secretary of State to issue statutory guidance, it seems slightly odd that statutory guidance which purports to have been issued under sections 19, 32, 41, 56, 73 and 91 of the Act […]

“Mere likelihood” not enough to engage section 149

Swan v Gill [2013] EWCA Civ 1566 apparently attracted quite a bit of attention at the HLPA conference this year, the  general consensus being that the Court of Appeal was wrong in its approach to s.149 Equality Act 2010 and I’m inclined to agree. Mr Gill, an assured tenant, had taken over the communal areas […]

Human Rights Round-up

3 cases have recently been decided by the ECtHR Chamber Busuioc v Republic of Moldova [2013] ECHR 684 (16/7/13) The Applicant (B) complained to the Court under Arts 3 and 8 ECHR about the State’s failure to protect her and her two children under the provisions of Moldovan national law from domestic violence perpetrated against […]

The Tolerated Trespasser Rides Again!

OK, so the title of this post may be an exaggeration of what is only a passing reference to an old friend in Fareham BC v Miller [2013] EWCA Civ 159. But it is interesting to see it used as part of the ‘nuts and bolts’ of an Article 8/proportionality judgement. Mr Miller (M) held a non-secure […]

A bit too widely cast…

You may recall the discussion that took place on this blog of Wandsworth’s secure tenancy terms, introduced in 2009, that sought to introduce a list of things that the tenant, “lodgers, friends, relatives, visitors and any other person living in the property are not allowed to do whilst in the London Borough of Wandsworth”, including causing a […]

ASB and Possession

Birmingham CC v Ashton is a case which illustrates the difficulty that judges face when they are invited to make possession orders on the grounds of nuisance and anti-social behaviour against tenants with mental health problems. The Council relied on four incidents of ASB between 2004 and 2010, three of which involved Mr Ashton’s next-door […]

Consultations, bills and mysterious advisors

A bit of a miscellany, with Government skullduggery and posturing galore. First up, Grayling’s MoJ has announced a consultation into revising the rules on Judicial Review. Broadly, he is against it. Responses are due by 24 January 2013, so a busy holiday for the rest of us. Given the dubious inferences drawn from inadequate statistics, […]

Not round these parts

R(Carney) v Bolton-at-Home Limited [2012] EWHC 2553 (Admin) Did historic ASB by the daughter of a former evicted tenant allow the local authority to refuse to allow her accommodation in the same area? This was the issue in this judicial review of Bolton-at-Home’s (‘Bolton’) decision to refuse a property to Ms Carney. Ms C was […]

Strengthening Powers of Possession for Anti-Social Behaviour

You may recall that, on August 3, 2011, the Government launched a consultation paper on its proposals to introduce a “mandatory power of possession” against tenants who are responsible for acts of anti-social behaviour. On August 15, 2011, following the riots in England, the consultation was widened to include a new discretionary ground for possession […]