The lovely, smiling Grant Shapps, Housing Minister, who clearly in no way whatsoever wants to distract attention from the recent kerfuffle over his alleged misleading of Parliament through dodgy use of statistics (hereafter Shapptistics), has announced the...
Judicial review of a closed minded appeal
Sharing, R (on the application of) v Preston County Court [2012] EWHC 515 (Admin) [Updated 20 June 2012 to make clear this was a permission to appeal decision, not an appeal hearing] This is by any measure an unusual case. It is a judicial review of the...
New LVT procedural rules: a consultation
It's been promised for a while now. The merger of the LVT (in its various forms, RAC, RPT, etc) into the Tribunal Service as a First Tier Tribunal. And so we finally have the details. In Consultation on proposed new (First Tier Tribunal) (Property Chamber)...
Strengthening Powers of Possession for Anti-Social Behaviour
You may recall that, on August 3, 2011, the Government launched a consultation paper on its proposals to introduce a “mandatory power of possession” against tenants who are responsible for acts of anti-social behaviour. On August 15, 2011, following the...
Routes of appeal from possession claims
In Southwark LBC v Ofogba [2012] EWHC 1620 (QB) Hickinbottom J clarified the routes of appeal for appeals against orders arising in possession claims. Facts Briefly, Southwark brought a claim for possession against Mr Ofogba on the basis of rent arrears. Mr...
Sentencing guidance for committal hearings
In Amicus Horizon Ltd v Thorley , Court of Appeal, May 30, 2012 (no transcript available yet), Mr Thorley appealed against an order sentencing him to prison for four months. Amicus Horizon had claimed for possession and an anti-social behaviour injunction...
Paying to stay: Policy and legal dilemmas
DCLG's consultation paper on High Income Social Tenants: Pay to Stay Consultation Paper has brought out the academic in me, in part because it is about the construction of a "problem" by policy-makers. In sum, the proposal is to encourage landlords to...
Suitability Regs Consultation
DCLG has issued a consultation on suitability of accommodation in satisfaction of the main homelessness duty. It addresses two issues: the grant of an AST in the private rented sector; and the location of accommodation. The former is much more interesting...
Cohabitant succession
All there is at the moment is a Lawtel note of Amicus Horizon v Mabott and Brand and no neutral citation. It concerns whether Mr Brand was living with Ms Mabott as her husband for the purposes of succcession to Ms Mabott's tenancy: s 17(4), Housing Act...
Disability and possession
This is a short note of O'Connell v Viridian Housing [2012] EWHC 1389 (QB) - it's short because it goes nowhere really and the facts were not exactly great. Ms O'Connell is partially sighted and suffers from depression. She had occupied supported housing...
Time after time
The Landlord and Tenant Act 1987 makes provision, inter alia, for the LVT to appoint a manager (which may include the functions of a receiver) over residential premises. There are, as you might imagine, qualifying conditions relating both to the applicants...
Leasehold round up
Ok, sorry about this. I've been meaning to do a LVT/UT round up for some time and kept putting it off to allow me to work/sleep/see my wife, etc. So now I've got loads of cases to do. Here goes. Court of Appeal In Westbrook Dolphin Square Ltd v Friends Life...