Readers of my previous notes of the "consultation" exercises undertaken by the coalition government will readily appreciate that I am not the best person to write about a further symbolic consultation, being lead by DCLG, on what it terms "burdens" (indeed,...
It is a truth universally acknowledged…
...that if a disrepair claim reaches trial these days, then one of three options must be true: a) there is a genuine and substantive issue of causation or liability (rare as hens teeth); b) one or perhaps both of the parties are mad; c) a combination of the...
What to do?
Carmarthenshire CC v Lewis [2010] EWCA Civ 1567 Another tug of the forelock to 'Recent developments in housing law' in Legal Action for this one, apparently unreported elsewhere. [Update 14/03/11 - we've had a message from Carmarthenshire on this case, see...
Unlawful eviction quantum – assault and expulsion
The usual hat tip to 'recent developments in housing law' in Legal Action for this one, and also Mick O'Sullivan at Avon and Bristol Law Centre. Boyle v Musso, Bristol County Court 25/10/2010 Mr Boyle was an assured shorthold tenant. There had been a dispute...
Why are they there?
Hemans & Anor v Windsor and Maidenhead Royal Borough Council (2011) CA Civ Div 2 March 2011 [Lawtel note of extempore judgment. Not on Bailii yet] This was an appeal by Windsor of the first appeal of a Housing Act 1996 s.202 review decision that it...
Unwillingly at will
Katana & Anor v Catalyst Communities Housing [2010] EWCA Civ 630 A slight oddity of a case, an application for permission to appeal, not strictly a housing matter, despite the Respondent. But it is of interest in the way it deals with tenancies at will CCH...
This is a local town for local people …
Forgive the slight delay, but DCLG published their summary of responses to their Consultation on Local Decisions: A Fairer Future for Social Housing (which we discussed here) on 28 Feb. The outcome of the consultation appears to be, um, full steam ahead on...
You Only Live Twice (But Not if You Are an Expert)*
Ricky Edwards-Tubb v JD Wetherspoon plc [2011] EWCA Civ 136 Another brief note to mention this case which, despite not being housing-related in any way, is important in any matter where an expert is to be instructed. The facts are not especially relevant...
Tenancy Deposits in the Localism Bill?
A brief note to highlight some unexpected amendments that have been tabled to the Localism Bill. The latest marshalled list includes new sections which are designed to make amendments to the Housing Act 2004 and specifically to the tenancy deposit protection...
Potemkin Villages*
Westminster Council have long had a problem with homelessness. I'm sure you will recall the Westminster Council's housing leader's letters to Grant Shapps of last year, imploring him to let them discharge duty by offering an out of borough private tenancy....
Size doesn’t matter (again)
We noted Craftrule Ltd v 41-60 Albert Palace Mansions (Freehold) Ltd when it was in the High Court (see our note, here). I won't repeat our earlier note - it's basically about what it means to be a "self-contained part of a building" under s.3, Leasehold...
You gotta have an opinion
Hounslow v Powell; Leeds v Hall; Birmingham v Frisby [2011] UKSC 8 [This is probably a work in progress. There may be further additions and comments as people get a chance/have a brainwave. We've also ended up writing this as something of a tag team. Chief...