R v Q [2011] EWCA Crim 1584. On Lawtel but not on BAILII This is an appeal concerning s1(3A), Protection From Eviction Act 1977. This subsection was inserted by the Housing Act 1988 and was intended to fix a problem with s1(3). S1(3A) reads: Subject to...
Tenancy Deposits Back in the Localism Bill
We have previously posted on amendments to the Localism Bill tabled in Commons committee which would have had the effect of rewriting the tenancy deposit protection provisions in the Housing Act 2004. The changes were designed to reset the position back to...
“Bright lines” and housing benefit
The re-design of the administration of housing benefit has sought to address the scheme's complexity in recent years - the local housing allowance is a particular example of this re-design, with the shift to flat rate payments according to household size. ...
Safe European Home*
We noted J. L. v the United Kingdom here. Now there are two further English possession cases at the 'questions to the parties' stage of the European Court of Human Rights. Birch and Others v UK Application no. 26393/10 Birch arises out of possession...
Assuredly not an AST
Jasbir Kaur Kahlon v Andrew Isherwood [2011] EWCA Civ 602 (on Lawtel but not on BAILII yet) UPDATE: Transcript now available on BAILII Schedule 2A of the Housing Act 1988 was inserted by the Housing Act 1996 and supports s19A which was inserted by the same...
Getting Plastered
Grand v Gill [2011] EWCA Civ 554 At the risk of being mocked, or shunned, I must confess myself to be throughly excited. A Court of Appeal disrepair case! And on one of the great unknowns of disrepair liability to boot! Obviously, my wedding day 8 years ago...
Eviscerated? Now also Drawn and Quartered
Gladehurst Properties Ltd v Hashemi [2011] EWCA Civ 604 (Not on BAILII at time of writing) UPDATE: Transcript now available on BAILII In Tiensia LJ Sedley said that the decision of the majority 'eviscerated' the tenancy deposit protection legislation. The...
Not So Protected
Potts v Densley & Anor [2011] EWHC 1144 (QB) Another case on tenancy deposit protection has hit the High Court, with a rather strange outcome. P was the tenant of D and another party. The deposit was not protected during the tenancy. This was raised by P...
Its Cold In There
Bristol City Council v Aldfrod Two LLP [2011] UKUT 130 (LC) The Upper Tribunal (Lands Chamber) has recently ruled on the proper use of improvement notices under the HHSRS. When I say recent I should actually say a little while ago. You can blame the recent...
Unlawful eviction quantum – assault and expulsion
The usual hat tip to 'recent developments in housing law' in Legal Action for this one, and also Mick O'Sullivan at Avon and Bristol Law Centre. Boyle v Musso, Bristol County Court 25/10/2010 Mr Boyle was an assured shorthold tenant. There had been a dispute...
Tenancy Deposits in the Localism Bill?
A brief note to highlight some unexpected amendments that have been tabled to the Localism Bill. The latest marshalled list includes new sections which are designed to make amendments to the Housing Act 2004 and specifically to the tenancy deposit protection...
Turning european?
The UKSC judgment in Birmingham CC v Frisby, Leeds CC v Hall, Hounslow LBC v Powell is due on Wednesday 23 February (court Room 1 at 9.45). The background in the CA and the foreground (Pinnock) have been discussed in previous posts (here and here) to whet...