More results...
Our attention was drawn to a decision in the Medway County Court, presumably because it considered a proportionality defence. I'm not sure there's much to see there — one of the team said that he was not "remotely excited about it". But it caught my...
Happy new year to all who read, comment on or write for Nearly Legal! This is usually a moment to take stock of the past year and look forward to the next, but I'm feeling far too lazy to do it properly. Luckily, the DCLG have made the task easier by...
In which we discover what happens when an RSL serves a notice confirming an assured tenancy after serving a s.21 notice on an assured shorthold tenant. Saxon Weald Homes Ltd v Chadwick [2011] EWCA Civ 1202 Mr Chadwick had been given an AST by Saxon...
Windsor and District Housing Association v Hewitt [2011] EWCA Civ 1096 (Not on Bailii or elsewhere. We've seen a transcript). It is of interest not least for the Court of Appeal's view of the meaning of the funding limitations on a Public Funding...
This, the second post on the riot related possession proposals (the first is here), looks at an article published on the ConservativeHome website by Jake Berry MP, Parliamentary Private Secretary to Grant Shapps, and Tory MP for the gritty urban constituency...
Or, more accurately 'locality'. Sorry if that got anyone excited over nothing. As has been widely announced, the DCLG consultation on introducing a mandatory ground for possession on grounds of conviction for a housing related ASB offence etc, previously...
West Kent Housing Association v Haycraft [2011] EWCA Civ 992 (Not on Bailii. We've seen a transcript) This was a renewed application for permission to appeal to the Court of Appeal on a second (or perhaps first- see below) appeal from the granting of a...
As a number of Councils and Housing Associations in London, Manchester, Salford and Birmingham say that they intend to evict tenants involved in rioting (and Grant Shapps has jumped in to back them, as has David Cameron), we've been requested to take a quick...
Awful title due to NL himself. Mew v Tristmire concerned whether or not two "houseboats" were "dwelling houses let as separate dwellings" as required in section 1 of the Housing Act 1988 in order for them to be assured tenancies. The "houseboats" appear to...
The DCLG has put out a consultation, announced by Grant Shapps (again), on proposals to bring in a mandatory ground for possession for Anti Social Behaviour. The closing date is 27 October 2011. I had a look at Shapps' initial announcement back in January....
It is certainly not a truism that legislation which is given the closest possible scrutiny is thereafter free from doubt - consider, for example, the Law of Property (Miscellaneous Provisions) Act 1989, which we always used to call the mysterious provisions...
Christina Sharples v Places for People Homes Ltd, Stephen Godfrey v A2 Dominion Homes Ltd [2011] EWCA Civ 813 This is actually two appeals which deal with an important question about insolvency and bankruptcy and whether monies that form part of the...