The Housing and Regeneration Act has now received royal assent. A full history of its passage through Parliament is here. 24/7 - the full text of the act is now up on the OPSI site [pdf]
Housing and Regeneration Bill
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assured-tenancy
Possession and evidence
North Devon Homes Ltd. v Batchelor [2008] EWCA Civ 840 concerned a claim for possession of an assured tenancy. At County Court, the claim was brought on grounds 10, 12 and 14 HA 1988. While the claim resulted in a postponed possession order for ground 10...
Comments on Weaver
Belated, I know, but this is the first chance I have had to really look at the judgment in Weaver (R) v London & Quadrant Housing Trust [2008] EWHC 1377 (Admin). Ground 8 and Legitimate Expectation First the substantive ground of challenge - that the use...
L&Q v Weaver flash
Judgment just out Weaver (R) v London & Quadrant Housing Trust [2008] EWHC 1377 (Admin) Full notes tomorrow, but the headline is: L&Q is a public authority in its housing function for the purposes of Judicial Review. Use of ground 8 possession claims...
Unilateral tenancy variation
Governors of the Peabody Trust v Reeve (Times report) Registered Social landlords cannot vary tenancy agreements unilaterally, save for rent changes. Any other variation of terms requires consent of both parties in writing. Unlike local authorities,...
While waiting for Weaver 2
The Joint Committee on Human Rights has recommended that the Oftenant regime and the Housing and Regeneration bill extend the scope of the Human Rights Act to Registered Social Landlords. In response to the Housing Federation complaining that this would...
Hey, you asked 2
More brief but hopefully helpful replies to the civil litigation and housing questions that brought searchers to Nearly Legal. As ever, nothing of what follows should be taken as legal advice and no action should be taken without obtaining full legal advice....
Friday News round-up
The debate on the Housing and Regeneration Bill on 31 March saw clauses on both Ground 8 Possession and tolerated trespassers put forward by the Government. Clause 9 appears to stop RSLs using ground 8 at all and to introduce a reasonableness defence in...
DDA and mandatory possession
S v Floyd [2008] EWCA Civ 201 is a Court of Appeal case in which the Disability Discrimination Act 1995 is considered in relation to a mandatory Ground 8 possession claim by a private landlord. In some ways, there is nothing particularly surprising in the...
While waiting for Weaver…
I'm eagerly awaiting the judgment in R(Weaver) v London & Quadrant, but, in one of those quirks of synchronicity, Bailii has just put the Court of Appeal Judgment in Donoghue v Poplar Housing & Regeneration Community Association Ltd & Anor [2001]...
Follow-ups
There have been some very interesting comments on posts from the last week, and further news on the stories, making a catch up post worthwhile. In no particular order... I am delighted that Tony Fearnley commented on the Helena Housing v Molyneaux &...
Housing Associations and public function to be tested?
[Edit 30 June 08. The judgment in the following case is now out. For a detailed comment, see this post.] According to Inside Housing, London & Quadrant are fighting an application for Judicial Review in Susan Weaver v London & Quadrant Housing Trust....