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...
Eviscerated? Now also Drawn and Quartered
Gladehurst Properties Ltd v Hashemi [2011] EWCA Civ 604 (Not on BAILII at time of writing) UPDATE: Transcript now available on BAILII In Tiensia LJ Sedley said that the decision of the majority 'eviscerated' the tenancy deposit protection legislation. The...
Back to the future
Heartpride Ltd v Sawhney (2011) Ch D 12/5/2011 [Note on Lawtel, not elsewhere] A case on notices of rent increase for a Rent Act tenancy given under Rent Act 1977 s.45(3). H, the landlord, had served a notice of rent increase on S, the tenant, on 27 March...
Judicial review costs redux
We've seen reports of a case called R (Ambrose) v City of Westminster (Admin Court 13 May 2011. Not on Bailii or reported elsewhere so far). It was a judicial review of a refusal to provide interim accommodation pending review. Westminster had apparently...
Ground Rent notification
I’ve just noticed that the Government amended the wording for Ground Rent demands (s.166, 2002 Act) on April 26, 2011 (see here: http://www.info4local.gov.uk/documents/publications/1905195). The change is in para. 3 of the Notes for Leaseholders. It used to...
This doesn’t end here…
Jean-Paul and another v LB Southwark [2011] UKUT 178 (LC) is, I suspect, going to cause some difficulties for LVTs (and lawyers) up and down the country. It concerns two points. When are costs "incurred" for the purposes of s.20B, Landlord and Tenant Act...
Someone to watch over me
R (Nassery) v London Borough of Brent [2011] EWCA Civ 539 This was the appeal of a judicial review of Brent's decision on provision of care and accommodation under section 21 National Assistance Act 1948. Mr N was an Iranian asylum seeker (granted indefinite...
In the Consulting Room
R (Baron, Peat & Othrs) v Hyndburn District Council, Administrative Court, Manchester District Registry, 14 April 2011 (Not on BAILII as yet) J has previously alluded to this case involving an application for permission for Judicial Review of a local...