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In Barnsley MBC v Norton [2011] EWCA Civ 834, the Court of Appeal considered the application of section 49A(1)(d), Disability Discrimination Act 1995, to the decision of Barnsley to seek and obtain a possession order against Mr Norton and his family....
The Upper Tribunal (Lands Chamber) has been rather busy recently, handing down four housing-law related decisions in the last fortnight or so. The first three are service charge disputes, whilst the fourth is a lease variation case. In Tunstill v Primrose...
Christina Sharples v Places for People Homes Ltd, Stephen Godfrey v A2 Dominion Homes Ltd [2011] EWCA Civ 813 This is actually two appeals which deal with an important question about insolvency and bankruptcy and whether monies that form part of the...
By s.21B, Landlord and Tenant Act 1985, a demand for the payment of service charges must be accompanied by a summary of rights and obligations, setting out the various rights and options open to leaseholders. In England, that provision has been in force...
News has reached us at NL Towers (or lock-up - see image at bottom of page) from a regular reader/correspondent, Simon Marciniak, of an interesting and potentially important s 204 homelessness appeal decision on the ambit of Regulation 6(2)(a), Immigration...
The Local Government Ombudsman receives over 300 complaints a year about Local Authorities' handling of homeless applications. The LGO is clearly concerned by what it sees in the matters referred to it as it has now produced a 'focus report' , called "How...
R (Peat and others) v Hyndburn DC [2011] EWHC 1739 (Admin) is the first successful challenge to a selective licensing scheme. We've previously covered the permission hearings (here and here). It's quite a fun judgment to read, if only for the absolute...
The Prime Minister's confirmation that the government will be bringing forward legislation for the criminalisation of trespass and the proposed removal of legal aid from trespassers in the Legal AId, Sentencing and Punishment of Offenders Bill amount to the...
Webb and another v Marcos and another CA, July 8, 2011 (lawtel and westlaw notes only) looks like a sad tale, as well as being one of those (hopefully rare) cases where a possession order was enforced by committal. M was the occupier of a property which had...
The Upper Tribunal (Lands Chamber) has recently handed down two cases on insurance premiums and service charges. I'm not going to deal in any detail with either of them, as both are entirely on their own facts. However, in one case Akorita v Marina Heights...
My good friend, Alex of Alex's Archives, has sent me a link to a discussion in the GLA corridors of power on standards in the private rented sector. I haven't finished listening to the GLA debate, but, as Alex said in his email, it does expose some "shaky...
In Babakandi v Westminster CC [2011] EWHC 1756 (Admin), Mr Babakandi made a bold challenge to Westminster's allocation scheme (bold, as in post-Ahmad v Newham LBC) together with other grounds. Westminster now has a choice-based lettings scheme based on...