More results...
While we are in Wales and with thanks to the Garden Court housing bulletin, we report an Ombudsman's decision Complaint against Cardiff CC 200702358 [pdf] Mr Davies and Miss Brown complained about Cardiff Council's failure to deal with noise nuisance and...
Swindon BC v Redpath [2009] EWCA Civ 943 By s.153A(1) Housing Act 1996, a variety of social landlords, including local housing authorities, may apply for an injunction to restrain a person from engaging in "housing-related" anti-social behaviour. That means...
Circle 33 Housing Trust Limited v Kathirkmanathan [2009] EWCA Civ 921 We first reported on this case in July 2009, on the basis of a lawtel note, which was all that was available at the time. In this quiet time for new judgments, there are a few such cases...
We first noted Webb v LB Wandsworth [2008] EWCA Civ 1643 in November 2008 when it was discussed in an Arden Chambers eflash. Earlier this week, the transcript was finally released. Slightly later this week, it was corrected so as to make sense. Thus, 9...
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...
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...
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...
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...
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...
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...
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...
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...