Mudslinging, evidence and possession of different kinds

Barking & Dagenham LBC v Bakare, Imevbore & Imevbore. Romford County Court 14/03/2011 HHJ Platt [unreported elsewhere] A county court case, but one with some interesting issues. Also a cautionary tale on being able to actually provide evidence of allegations and raising matters in the right proceedings. Barking had applied within existing possession proceedings for […]

An opportunity to reform

Hat tip to Legal Action’s Recent Developments in Housing Law for letting us know about this one. Westlea Housing Association v Price, Swindon County Court, 20 & 21 Jan 2011 An ASB possession case, successfully defended at least partly on the basis that the landlord had failed to give support or seek intervention by social […]

Proper Crimbo!*

In More Effective Respopnses to Anti-Social Behaviour the Government sets out its plans for reforms of the ASBO and other associated remedies. In brief, the government thinks that: (a) there are too many tools for dealing with ASB and practitioners tend to stick with the ones they know best; (b) some tools (especially the ASBO) […]

Who you gonna call?

If there’s somethin’ strange in your neighbourhood you can now call… any of the persons listed in s.37(1), Policing and Crime Act 2009 (and not Mr Ray Parker Jr for whilst he “aint afraid of no ghost”, he’s useless* against criminal gangs). You may recall that, back in BCC v Shafi (our note here), the […]

Localism Part Deux

The Localism Bill had a second reading in the Commons yesterday. One amendment (Labour) was tabled and defeated. Looks like the significant amendments will be made in Committee. Not – I must say – the best quality debate ever as it appears to have been mostly about scoring party political points than debating the issues […]

Dear Mr Shapps

My word, what a fountain of press releases you have been lately. Quite takes me back to the heady days of John Healey. But it is this press release I want to talk about, the ‘Neighbours from Hell’ one. You announce that you: will introduce a new additional mandatory ground for possession, so those tenants […]

Tis the season for giving (1)

Leeds and Yorkshire Housing Association v Vertigan, Court of Appeal, December 9, 2010 (Elias LJ, Norris J, Lawtel note only) Vertigan was the assured shorthold tenant of the claimant. Over the years, it seems that he had done a number of things of which his landlord disapproved, including: (a) sawing through the floorboards to access […]

Brave New World or Same Old Story

Pinnock v Manchester City Council [2010] UKSC 45 (Supreme Court pdf & BAILII links) Whenever a battle weary group of housing lawyers gets together, conversation inevitably turns (after the routine complaints about the less congenial DJs) to the thorny issue of which is the most important housing law case of all. While bizarre to the […]

Landlord liability for nuisance

The extent to which a landlord can be liable for the acts of his tenants is a vexed topic, which we’ve discussed on a number of occasions before. The cases rather lean against liability. It is, therefore, very interesting to find Mackay J allowing a claim in nuisance to proceed in Brumby v Octavia Hill […]

Re-entry and re-opening: updates from Legal Action

June’s Legal Action housing updates have a bumper collection of interesting county court cases, as you’ll already know. For our archives, this is the first of a couple of posts. This one deals with cases on post-eviction re-entry and on re-opening possession proceedings, including an LB Croydon case that very nearly merited a naughty step […]