Could the sale and leaseback of a house be a transaction at an undervalue and thus be caught by section 423 of the Insolvency Act 1986? This was the main question considered by the High Court in Delaney v Chen although some other points of interest were...
Rent arrears, transfers and Weaver in operation
McIntyre & Anor, R (on the application of) v Gentoo Group Ltd [2010] EWHC 5 (Admin) This was the judicial review of North Sunderland Housing Company's refusal to permit an exchange of homes by the Claimants, joint assured tenants, with another NSHC...
It's a confused world out there…
And for the new year, it seems an opportune moment to delve into the Nearly Legal search logs in a vaguely quixotic attempt to provide answers to some of the questions that brought people here. Alternatively, where this is not possible, we can stare in mute...
Disrepair miscellany
The December Legal Action also has the annual housing repairs update. A big tip of the hat to Beatrice Prevatt. We've covered most of the cases here, but there are some others that are well worth a mention... Brunskill v Mulcahy [2009] EWCA Civ 686 (no link)...
Lord Neuberger on housing law
The UKSC - an excellent blog (albeit technically and practically horrible to use) which is dedicated to the doings and ins and outs of the Supreme Court - has a interesting post on Lord Neuberger's keynote to the SHLA conference. I wonder how the SHLA...
Tenant 1 – 0 Receiver
B v N and others [2009] EWHC 2884 (Admin) The Criminal Justice Act 1988 makes provision for the confiscation of the proceeds of an offence. In the case of realisable property (such as a residential home), s.80(2) permits the appointment of a receiver, who,...
Telling the TSA what to do
The Government in the form of the DCLG has issued its response to consultation on the directions it is to give the Tenant Services Authority under s.197 Housing and Regeneration Act 2008 and also the directions on regulatory standards themselves. The...
Weaver – the reason for refusal
Following on from our note on the refusal of permission by the Supreme Court for Weaver v L&Q, we have now seen a copy of the Order. Lords Hope and Brown and Lady Hale refused permission to appeal on the ground that "the application did not raise an arguable...
A housing uncooperative?
The case of Mexfield Housing Co-Operative v Berrisford [2009] EWHC 2392 (Ch) illustrates the potentially precarious situation in which the tenant of a fully-mutual Housing Co-operative may find themselves. The facts are simple. Miss Berrisford had been a...
Not on its behalf…
S, R (on the application of) v A Social Security Commissioner & Ors [2009] EWHC 2221 (Admin) This was an application for Judicial Review of a decision of the Social Security Commissioner refusing leave to appeal a decision of the Social Security Appeal...
Kathirkmanathan revisited
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...
HLPA Conference
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...