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 www.profbriefings.co.uk/hlc2009. Highlights include: (a) Richard Drabble QC giving the key note speech. Richard has had a very […]

Here be dragons

EPA 1990 prosecutions and the Magistrates Court. I am assured that stout housing lawyers quail at the prospect. And why? Well this High Court appeal by way of case stated, although not strictly housing related, serves as a illustration. Wandsworth v Rashid [2009] EWHC 1844 (Admin) concerned bags of waste left on the street by […]

What do you want me to do about it?

Noise abatement notices are governed by Part 3, Environmental Protection Act 1990 (as amended). They are not ‘pure’ housing law but they are frequently used in a housing context, particularly when dealing with noise-related complaints of anti-social behaviour. In Elvington Park Ltd and another v City of York Council [2009] EWHC 1805 (Admin), Silber J […]

Request for info

Garden Court’s bulletin of 27 April includes a case note, Thornhill v Sita Metal Recycling Cambridge Ltd [2009] All ER (D) 162, on nuisance, possession of and interest in land. The upshot being that the nature of a claimant’s legal interest in land is by the by for a claim in nuisance, assuming that they […]

Bits from LAG and nuisance & Art 8

There are several cases in the latest LAG updates that we haven’t covered and that are interesting. Thanks as ever to Jan Luba QC and HHJ Nic Madge for the LAG reports. There are two brief notes on County Court cases and a more sizeable one on Dobson v Thames Water, a Court of Appeal […]

X v Hounslow

I have now got hold of the judgment in X v Hounslow [2008] All ER 337 (May) (thanks to assorted helpful sprites). [Edit 23/06/08 – now up on Bailii]. Previous posts on this one are here and here – this was the case that apparently instituted a potential duty of care for local authorities to […]

Duty to protect update 1

Update on this case from Friday 24 May. No judgment available yet that I have seen, but there is a further new story on the Hounslow case at 24dash.com, which gives a few more details. Specifically, the negligent failure found was that housing did not invoke emergency transfer processes, despite a) social services involvement with […]

A duty to protect?

A case is reported in the Guardian which apparently extends local authorities’ duty to protect tenants from third parties to include vulnerable adults, not only children. A couple, both with learning difficulties, were terrorised in their flat by a group of youths over two days, during which they were assaulted and abused. Hounslow Council had […]

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. what does mandatory possession mean It means that if the ground is successfully […]

Not the usual bug infestation

Hat tip to Cearta.ie for this extraordinary story from the Irish Times: Landladies ordered to pay students €115,000 in damages Simon Carswell 14 November 2007 Two Dublin landladies have been ordered to pay damages totalling more than €115,000 to 10 students who were tenants in their house after the Circuit Court found they had kept […]