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Hot on the heels of Buckland v UK follows a further decision of the ECtHR: Pelipenko v Russia, which is likely to add further weight to the Article 8/private sector debate. The case is distinctive for the State's shocking mishandling of the litigation...
There is, it is fair to say, a degree of inconsistency in the approach and practice of LVTs up and down the country. In particular, some LVT members seem to see it as part of their role to act as quasi-audit bodies, looking into all aspects of the landlord's...
A report of a County Court mortgage possession case has reached us, in which the secured lender's behaviour resulted in a finding of abuse of process. The question was when (an if) an arrears payment had been received. Blemain Finance Ltd v Andrea Jayne...
Not sure how this one didn't make it on to the blog before... Back in March 2011, the Court of Justice of the European Union gave judgment in Zambrano (C-34/09) [For a report on that judgment, see Free Movement, here] The upshot of Zambrano was that where a...
The Evening Standard is reporting the sentencing of the first person under the new anti-squatting provisions in the LASPO Act. Alex Haigh received 12 weeks in prison. Unfortunately Mr Haigh appeared to be unaware that squatting was now an offence and...
The 59th update to the CPR comes into force on October 1, 2012 and, importantly, it brings in a raft of new practice directions for appeals. For we housing lawyers, page 81 of this document sets out the position for s.204 appeals. The appellant should now...
The ECtHR's recent decision in Buckland v UK [updated link to amended judgment 5 October 2012] demonstrates again how wonderfully delphic the subject of housing and Article 8 rights has become. In one sense, the outcome was fairly predictable because the...
An unlawful eviction case with some unusual dramatis personae. Rebecca Claire Webb v Samina Amreen Birmingham County Court 31 August 2012 [Unreported elsewhere] Ms Webb was the assured shorthold tenant of Ms Amreen, for a 6 month term from September 2007...
Solihull Metropolitan Borough Council v Hickin [2012] UKSC 39 We reported this case in the Court of Appeal here. Briefly Ms Hickin was the daughter of joint tenants of Solihull and had lived in the house since she was born. The father moved out some 9 years...
We have had a lot to say about squatting. In fact those of you who are quick may even be able to see one of the authors of the blog on television talking about it today! With the new legislation criminalising squatting due to come into force at the weekend...
Johnson v Old, Brighton County Court We have not yet written about this case even though the first instance decision was reported in Legal Action. As it turns out this has been useful as the original decision, as written up in Legal Action has been set aside...
Our previous report on the possession claim in Defence Estates v JL and another [2009] EWHC 1049 (Admin) can be found here. There now follows a judicial review of the decision to enforce the possession order made in that claim: JL v SS for Defence [2012]...