The government is consulting on two technical (and, I suspect, wholly uncontroversial) changes to leasehold law. The consultation paper is available here, with responses required by September 12, 2011. Security of tenure Where a long lease comes to an end by...
Hand me downs
Crown Estate Commissioners v Peabody Trust & Poplak [2011] EWHC 1467 (Ch) [link to PDF] As we noted a while ago, the transfer of the Crown Estates Commissioners social housing estates to the Peabody Trust had brought about a test case on the status of...
“Bright lines” and housing benefit
The re-design of the administration of housing benefit has sought to address the scheme's complexity in recent years - the local housing allowance is a particular example of this re-design, with the shift to flat rate payments according to household size. ...
Safe European Home*
We noted J. L. v the United Kingdom here. Now there are two further English possession cases at the 'questions to the parties' stage of the European Court of Human Rights. Birch and Others v UK Application no. 26393/10 Birch arises out of possession...
Trespasser on the roof
Eaton Mansions (Westminster) Ltd v Stinger Compania De Inversion SA [2011] EWCA Civ 607 We're a bit late with this one, sorry. There was a bit of a debate about whether it was an NL case or not, but I found it interesting and it concerns residential leases,...
Not going quietly…
Or round 3 of Ms Pritchard's refusal to give up her former property to the 'We buy your right to buy home' firm that had obtained possession. Fineland Investments Limited v Pritchard (2011) Ch D 17/05/2011 [Note on Lawtel, unreported elsewhere] Readers may...
Ain’t nobody here but…
Windsor and District Housing Association v Hewitt (2011) CA (Civ Div) 19/05/2011 [On Lawtel and in a note from Tanfield Chambers.] Not chicken related, thankfully. This was the Court of Appeal hearing of Windsor & District's appeal from the refusal of...
Cleaning Up
You may recall, almost two years ago now, we reported on the case of Defence Estates v L [2009] EWHC 1049 (Admin), under the title “Something of a mess”. The title was a reference to a comment of Collins J during the course of discussions after his judgment...
You win some, you lose some
Oxford City Council v Bull [2011] EWCA Civ 609 In which the Court of Appeal had to consider whether the homeless applicant had made himself intentionally homeless and whether he was in priority need. Mr Bull separated from his wife in June 2009 and left the...
Human Rights at Home
The EHRC has released guidance for social housing providers on the relevance of human rights to social housing provision and managment and on how to comply. The guidance can be downloaded here [link to pdf]
Assuredly not an AST
Jasbir Kaur Kahlon v Andrew Isherwood [2011] EWCA Civ 602 (on Lawtel but not on BAILII yet) UPDATE: Transcript now available on BAILII Schedule 2A of the Housing Act 1988 was inserted by the Housing Act 1996 and supports s19A which was inserted by the same...
Getting Plastered
Grand v Gill [2011] EWCA Civ 554 At the risk of being mocked, or shunned, I must confess myself to be throughly excited. A Court of Appeal disrepair case! And on one of the great unknowns of disrepair liability to boot! Obviously, my wedding day 8 years ago...