The Shape of Things to Come.

In which two [now confirmed as four] Housing Associations behave very badly in anticipation of the benefit cap. Haringey is one of the pilot boroughs for the benefit cap, limiting the total amount of benefit, including housing benefit/LHA (and astonishingly Child Benefit) that any household can receive to £500 per week. The prospective effects of […]

Phoenix from the flames

There was an interesting case-note on Lawtel this week which I suspect most of you saw. The case was LB Enfield v Phoenix and others, High Ct, March 19, 2013, and seemed to concern the circumstances in which a possession claim can properly be issued in the High Court. I have been provided with a […]

The Tolerated Trespasser Rides Again!

OK, so the title of this post may be an exaggeration of what is only a passing reference to an old friend in Fareham BC v Miller [2013] EWCA Civ 159. But it is interesting to see it used as part of the ‘nuts and bolts’ of an Article 8/proportionality judgement. Mr Miller (M) held a non-secure […]

Quis custodiet ipsos custodes?

Property Guardians seem to be a growth industry. If you haven’t come across these yet, you probably will at some point. The Guardian agency puts people into a vacant commercial or residential building to live as occupiers, effectively providing security to the owner of the building against burglary, squatting etc.. The schemes have largely received […]

Trespassers and Article 8

Seek and ye shall find. Thanks to Lindsay Johnson of Doughty Street Chambers we now have a transcript of the decision in Malik v (1) Persons Unknown, (2) Reynolds (3) Matthews (0UB00913, Central London County Court, HHJ Walden-Smith). Mr Malik was the freehold owner of a plot of land near Heathrow Airport and had been […]

Housing and Human Rights Round-Up

Two interesting cases have been delivered by the ECHR in the last few weeks: Mago and others v Bosnia-Herzegovina and Yordanova and others v Bulgaria. Mago The applicants in Mago held tenancies for life of flats within Bosnia-Herzegovina (with the exception of Mrs Mago, whose husband was the tenant) and they were compelled for varying reasons […]

The tenant is dead, long live the tenant

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 eye. To be fair, one cannot always tell from a […]

The cost of criminalising trespass

The Government’s proposal to criminalise trespass to residential property, contained in LASPO at clause 136, is due to be considered at report stage in the House of Lords tomorrow (Tuesday 20 March). The Government’s estimate of additional costs arising from the proposal is £25 million over 5 years. SQUASH have obtained a report on the […]

Equity Release Schemes: the CA view

Cook v The Mortgage Business PLC et al [2012] EWCA Civ 17 [note for law students: this is a really important case on land registration in which the principles in Abbey National BS v Cann are considered and applied.  Please note that we do not write essays for you or respond to queries which assist […]