Thomas-Ashley v Drum Housing Association Ltd [2010] EWCA Civ 265 This is probably the biggest single week for dog-related possession claims ever. At this rate, the RSPCA will have to open a housing practice. The brief facts are at para 1 of the Court of...
Rent arrears management – boring title, excellent report
Is it too much to hope that - finally - the Government might take steps to ameliorate and / or prevent the use of Ground 8? During the passage of the Housing and Regeneration Act 2008, the Government gave a commitment to look again at the use of inter alia,...
Throwing it out there
A friend of NL (who will remain nameless unless he wants to out himself in the comments) has asked if we would post a question about statutory periodic assured tenancies, in order to try and generate a bit of debate (and, perhaps, even work out the answer to...
Tenancy Deposits on Sale and Rent Back on Appeal
The Court of Appeal has ruled on a Sale and Rent Back matter and on its connection to Tenancy Deposit Protection.
Tenancy Deposits: A retrospective
In advance of the brace of Court of Appeal hearings on the tenancy deposit scheme (TDS), contained in sections 212-4 and Schedule 10, Housing Act 2004, and after the High Court decision in Draycott & Draycott v Hannells (discussed with additional,...
Two weeks, three months, whatever. TDS in the High Court.
Draycott & Draycott -v- Hannells Letting Limited [2010] EWHC 217 (QB) This is the first High Court judgment on the tenancy deposit scheme element of the Housing Act 2004 and thus the first that is binding on all lower (County) Courts. This is therefore a...
When does a tenancy begin?
Lynch v Kirby, QBD, 28.1.10 before Nicola Davies QC sitting as a Deputy Judge is - according to Casetrack - in the process of being written up. I became aware of it as a (very) short note on the Garden Court bulletin last Monday. I doubt that it'll set the...
John Healy saves the world*
*Not really. The current housing minister, who holds the current record for the number of times a housing minister's name can be mentioned in a press release, has announced forthcoming legislation, in response to the Rugg report. More details here [link to...
Tenancy Deposit – renewal of tenancy again
Bihari v House Trader (UK ) Limited. 14 January 2010, Central London County Court While we wait for the forthcoming High Court and Court of Appeal decisions in tenancy deposit cases, here is a tenancy deposit appeal, but, alas, only to a Circuit Judge, so...
Tenancy Deposit Protection on Sale and Leaseback
A recent case promises to be the first to the Court of Appeal on the issue of tenancy deposit protection.
New(ish) Section 21 Case
BAILII has recently added a case from November 2008. In Chohan v McManus [2008] EWCA Civ 1657 the Court of Appeal was considering what constituted occupation of premises for the purposes of an Assured Tenancy. The facts were that Mr McManus occupied a room...
Catching up with LAG
The January 2010 Housing updates in Legal Action have some County Court case reports that hadn't reached us. You will naturally have already read them in Legal Action, but for our archives... Tenancy Deposits O'Brien v Hill Barnet County Court 22/09/2009 Mr...