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....
Convicted – Evicted
Raglan Housing Association Ltd v Fairclough [2007] EWCA Civ 1087. Basically, Housing Act 1988 Schedule 2 Ground 14 (b) means that if if you have been convicted of an indictable offence committed in, or in the locality of, the dwelling-house the discretionary...
What's mine is yours, unfortunately.
To everything there is a season and housing issues are no exception. While winter brings a flood of disrepair cases, Spring is the time for relationship breakdown. Whether involving partners or spouses, this brings its own housing problems, particularly...
Riverside Housing v White, House of Lords
The Court of Appeal judgment in Riverside suggested that if rent increases hadn't been levied pretty much exactly as per any provision in the tenancy agreement, those increases were invalid. Riverside had levied rent increases later than the date specified...
More on London & Quadrant v Ansell
Musing over the Court of Appeal judgment ([2007] EWCA Civ 236) today, it struck me that the case does something rather dramatic to the issue of tolerated trespassers, extending the thrust of Swindon v Aston [2003] HLR 610. What we knew from Swindon v Aston...
Permanent trespassers and enforceable possession orders.
I was scanning the Court of Appeal judgments, waiting for White v Knowsley, when this came up: London & Quadrant Housing Trust v Ansell [2007] EWCA Civ 326 Now that is interesting. Not so much for the conclusion - although the argument is imaginative -...
Postponed assured trespassers verdict soon(ish).
Knowsley Housing Trust v White on suspended possession orders and assured tenants is being heard on 14 March 2007 in the Court of Appeal. I don't know when the judgement will be given.
What do we do with a problem like Ground 8?
To those not acquainted with housing law, Ground 8 is one of the mandatory grounds for possession of an assured tenancy listed in Housing Act 1988 Schedule 2. It forms one of the major differences between an assured tenancy (typically Housing...
Assured tenant or trespasser? The waiting begins.
On the vexed question of whether a breach of an old style Suspended Possession Order ended an assured tenancy and left a tolerated trespasser, we now have two first level decisions: Stan v Stadium HA at Willesden CC and Knowsley HT v White at Liverpool CC....
Assured trespassers?
[Amended 21 October] After a comment from Olamide Sanni, and a significant number of visitors from housing associations/social landlords turning up in my logs, it is clear that there is a big grey area for tolerated trespassers and the effect of Bristol CC....