HLPA Conference

The Housing Law Practitioners Association (“HLPA”) host their annual conference on December 15, 2009 at the Royal College of Surgeons, London. Details have just been released (with more to follow later in September) and can be found at www.profbriefings.co.uk/hlc2009. Highlights include: (a) Richard Drabble QC giving the key note speech. Richard has had a very […]

Here be dragons

EPA 1990 prosecutions and the Magistrates Court. I am assured that stout housing lawyers quail at the prospect. And why? Well this High Court appeal by way of case stated, although not strictly housing related, serves as a illustration. Wandsworth v Rashid [2009] EWHC 1844 (Admin) concerned bags of waste left on the street by […]

Pinnock and Proportionality

The CA have just handed down judgment in Manchester CC v Pinnock[2009] EWCA Civ 852, concerning the evidence that can be taken into account to justify a breach of a demoted tenancy at a review panel, the proper role of the County Court in such a circumstance, and the standard to be applied on a […]

What do you want me to do about it?

Noise abatement notices are governed by Part 3, Environmental Protection Act 1990 (as amended). They are not ‘pure’ housing law but they are frequently used in a housing context, particularly when dealing with noise-related complaints of anti-social behaviour. In Elvington Park Ltd and another v City of York Council [2009] EWHC 1805 (Admin), Silber J […]

Mistaken on Undertaking

As a reminder, in case one were needed, that undertakings to the Court in ASB cases should be considered very carefully indeed comes Circle 33 Housing Trust Limited v Kathirkmanathan (2009) CA (Civ Div) 16/7/2009 [Not on Bailii yet, available as note on lawtel]. The appellant, Mr K, was a tenant of Circle 33. He […]

Defamation and anti-social behaviour

Clift v Slough Borough Council [2009] EWHC 1550 considers the extent to which a local authority has an interest or duty to pass on allegations about anti-social behaviour to its employees and contractors for the purposes of the defence of qualified to a claim for defamation. It is also an example of the all too […]

Keep the noise down

R (McGarrett) v Kingston Crown Court (Divisional Court, 8.6.09) This case appeared as a note on Lawtel this morning and there is no transcript available yet. Mr McGarrett was a tenant of the local authority. He had a PPO on grounds of nuisance hanging over his head. One of the terms of the PPO was […]

On the horizon

The Court of Appeal yesterday heard argument in Redpath v Swindon Borough Council B2/2009/0479. The case concerns the definition and scope of “housing management functions” for the purposes of ASBIs under s.153A, Housing Act 1996. We’ll bring you the result as soon as it’s released. [Edit – 15.5.09 – a short report of the argument […]

Not taking the hint

Just a short note about an ASBO case that was decided in the Divisional Court today – Birmingham City Council v Dixon (18.3.09). Imagine, if you will, that a local authority applies for an ASBO against “X”. After the application is issued, but before the final hearing, X continues to act in an anti-social manner. […]

Social Housing on Radio 4

“Analysis” on Radio 4 yesterday was presented by Richard Reeves of Demos and was entitled “Anti-Social Housing.” The thesis is that social housing has failed everyone. Thanks to the Iplayer, you can listen online here.