The CLG Select Committee was hearing evidence today on reform in the PRS. The evidence session is available to watch online, here.
CLG on PRS
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Housing law – All
When a deficiency makes no difference.
Ibrahim v London Borough of Wandsworth [2013] EWCA Civ 20 The question for the Court of Appeal in this second appeal from a homeless appeal, was "How should the courts deal with a plainly deficient homelessness decision when the deficiency has had no adverse...
Don’t tell (and didn’t ask)
Introductory tenancies require a notice under s.128 Housing Act 1996 to be served before possession proceedings. That notice shall inform the tenant of his right to request a review of the landlord’s decision to seek an order for possession and of the time...
Monkey on my back*
Even since McCann v. UK (2008) 47 EHRR 40, a lot of people (around these parts) have been waiting for a case on Article 8 and the rule in Hammersmith v Monk (Hammersmith and Fulham LBC v. Monk [1992] AC 478) to reach the higher Courts. Is the rule that...
Premises ‘reasonably required’
A rare Rent Act 1977 possession case, with possession sought as 'reasonably required' under Case 9 Of Schedule 15 of the 1977 Act via section 98(1). Miles v Law [2012] EWCA Civ 1756 [Transcript on Lexis. Not on Bailii yet] This was a permission to...
Wrong priorities
Every now and again, there is a Local Government Ombudsman report that seems to go beyond individual instances of maladministration and instead capture something of the zeitgeist. The LGO decision summarised here (and see here for the full decision [pdf])...
Article 8 success in the County Court
This was a failed succession case where an article 8 proportionality defence was, at least in part successful. Our thanks to Legal Action 'Recent Developments in Housing Law' January 2013 for bringing it to our attention. Affinity Sutton Homes Ltd v Cooper....
Same old, same old
People who are both regular readers of this blog and interested in the LVT (admittedly a small number) will know that the UT(LC) has been doing the judicial equivalent of laying the smack down on the LVT for deciding cases on points that no-one raised and...
A Less Beneficial Interest
Thompson v Hurst [2012] EWCA Civ 1752 This is a rather fact specific case which shows application of the principles of Stack v Dowden and Kernott v Jones. Our report on Kernott which covers the whole debate is here. Background H was the tenant of a local...
Three of a kind beats two of a pair
Arnold v Britton [2012] EWHC 2451(Ch) is the third holiday chalet / service charge case we've covered in short order (the other two are here and here). Coincidence or evidence of a growth area of work I wonder? Anyway, back to the case. The issue was whether...
The anachronistic roundabout
An odd appeal on an adverse possession case, of no legal interest per se, but entertaining on the facts. Devanney v LB Hounslow [2012] EWCA Civ 1660 [not on baili yet. Transcript on lawtel] Mr D operated a mobile cafe from a layby on the edge of Heathrow...
This seems to be taking a while
Back in May 2010, we covered the case of Philips v Francis (QBD, Truro District Registry) on whether or not holiday chalets let on long leases were "dwellings" within the meaning of the Landlord and Tenant Act 1985, and, hence, the service charges payable by...