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...
Only Connect
TG, R (on the application of) v London Borough of Lambeth (Shelter Intervening) [2011] EWCA Civ 526 The disconnection between Local Authority Social Services and housing departments has been a frequent topic here and in the courts, not least in the House of...
Not So Protected
Potts v Densley & Anor [2011] EWHC 1144 (QB) Another case on tenancy deposit protection has hit the High Court, with a rather strange outcome. P was the tenant of D and another party. The deposit was not protected during the tenancy. This was raised by P...
Service charges and legal costs: am I missing something?
Forgive me for what may turn out to be a silly question, but this is something I've been thinking about recently and wanted to see what everyone else thought. Leasehold property and legal costs A well-drafted lease will usually contain a provision requiring...
Subletting and Pt 6 waiting time on Iplayer
People who unlawfully sublet social housing (often at a vast profit) are, in my view, dishonest and immoral fraudsters who deserve a range of punishments too awful for a family-friendly blog like this to describe. I suspect that the makers of Council Houses:...
Lease without end?
Ferreira v Portugal App No 41696/07 (21/12/2010) [Link is to judgment in French, the only available version. Update 4/5/2011 - link now works. Can't link properly to ECtHR site.] We're indebted to Legal Action's 'Recent Developments in housing law' for this...
My place, not yours
R (MK & Anor) v Secretary of State for the Home Department (2011) CA (Civ Div) 14/4/2011 [Not on bailii, only a case note on lawtel]. Sorry to be late getting to this one, I was hoping that a full transcript would become available. It hasn't so I'm relying...
Pots and kettles
I've been reading Morag McDermont's recent book on the history of the housing association sector and the National Housing Federation, Governing, Independence and Expertise: The Business of Housing Associations. It's a cracking read and much recommended. It...
Its Cold In There
Bristol City Council v Aldfrod Two LLP [2011] UKUT 130 (LC) The Upper Tribunal (Lands Chamber) has recently ruled on the proper use of improvement notices under the HHSRS. When I say recent I should actually say a little while ago. You can blame the recent...
Permission and costs
Cockett v Moore [2011] EWCA Civ 493 (Casetrack only; noted on the GC Bulletin). The Court of Appeal has refused permission to appeal in this costs dispute. Mr Moore was the tenant of Ms Cockett in a one bed flat. There appear to have been a series of tenancy...