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Macleod, R (on the application of) v The Governors of the Peabody Trust [2016] EWHC 737 (Admin) Ever since R (Weaver) v London and Quadrant Housing Trust [2010] 1 WLR 363 (our report) there has been an ongoing issue as to whether housing associations (or...
In what has turned into a continuing series, there are further updates on enforcement of possession orders via the High Court, obtaining writs and the scandalous conduct of many High Court Enforcement Officers. (Previous posts here and here) Secretary of...
Or spousal rights after notice to quit served by joint tenant. Derwent Housing Association Limited v Taylor, Court of Appeal (Civ Div) 19 January 2016 (unreported as far as I can see, apart from this note by Shoosmiths, for which we are suitably grateful)....
A sad county court case that raises questions over the way in which some housing associations approach ground 8 possession claims and evictions. Christian Action (Enfield) Housing Association Ltd v L Walters, Edmonton County Court, 7 December 2015 (Not...
Assorted bedroom tax related items, while we wait for the Supreme Court to hear MA & Ors... In case number CH_2391_2015, the Upper Tribunal has ruled that an annual re-rating of housing benefit entitlement is a fresh decision each time, capable of being...
Perhaps illustrating the need for the Court of Appeal to deliver the judgment in Moorjani (see preceding post), the December 2015 issue of Legal Action has Beatrice Prevatt's excellent annual 'housing repairs update'. We have covered many of the cases...
A couple of recent cases have highlighted the issues involved in transferring County Court possession orders to the High Court for enforcement by High Court Enforcement Officers. This is done by landlords, by and large, to bypass the wait for a county court...
Courtesy of Jim Shepherd of Doughty Street Chambers comes this account of a county court appeal of a Ground 7A possession claim, following a closure order. The appeal of the possession order was partly on the basis that the Defendant could not get legal aid...
The Upper Tribunal (Administrative Appeals) seems to have taken an opportunity to re-state, in clear terms, one of the findings of SSWP v David Nelson and Fife Council [2014] UKUT 0525 (AAC) [Our report here]. The key issue was the extent to which the...
Spielplatz Ltd v Pearson & Anor [2015] EWCA Civ 804 It would be easy to make smutty jokes during this post…and be in no doubt that I will do so! However, that should not detract from what is a pretty key decision in the crucial question of whether a...
The Upper Tribunal has another go at the separated families issue in CH 0062 2015-00 and this time, unsurprisingly, shuts down completely the FTT dissenting position in a Middlesborough FTT decision, while upholding and amplifying MR v North Tyneside. In...
With thanks to Joe Halewood, comes news of this very interesting First Tier Tribunal bedroom tax appeal. In MR v North Tyneside Council and Secretary of State for Work and Pensions (Housing and council tax benefits : other) [2015] UKUT 34 (AAC) [Our report],...