Thanks to Chief and with particular thanks to the UK Human Rights blog, we now know that the claimants in X&Y v Hounslow have gone to the European Court of Human Rights. As you will recall, this was the desperately sad case which, at first instance,...
Sale and Rent Back – Priority over charge, Round 1
North East Property Buyers Litigation [2010] EWHC 2991 (Ch) [Not on Bailii yet. Available on Lawtel or here] We noted this case was forthcoming a month ago. Judgement was given on 19 November. Thanks to James Stark, we've got a transcript. Thanks to being...
HHSRS, overcrowding and homelessness
I could bore for England about the significance of the HHSRS, overcrowding and their relationship with the definition of homelessness, as well as the significance of the reworked notion of "reasonable to continue to occupy" by the HL in Moran, having worked...
Social housing reform “consultation”
The heavily trailed (eg here and here), "cataclysmic" consultation paper on social housing reforms has been published by CLG today. There is much to digest and much will be left to individual PRPs and local authorities to work out. The "consultation" is...
Legal Aid reforms – Housing
The Ministry of Justice 'consultation paper' on reforms to legal aid to achieve a £350 million cut by 2013/4 is out. It is a hefty 224 odd pages. Responses are required by 14 February 2011 I've done what I can to fillet out its significance for housing and...
Right to manage: two from the Upper Tribunal
Chapter 1, Part 2, Commonhold and Leasehold Reform Act 2002 makes provision for "qualifying tenants" of a building to form a company that, in turn, will acquire the right to manage the property from the freeholder. It is largely modeled on the collective...
A post-Pinnock reading list
What does a potentially successful "proportionality" defence look like? To put the question slightly differently, what are the contours of proportionality in the context of mandatory possession proceedings? This is the question largely left open by Pinnock...
The 2010 HLPA conference
As per previous years, this is the conference for those involved in housing law. Most, probably all, of the NL team will be there. Everyone else should be too. 15 December 2010, at Royal College of Surgeons. Lincolns Inn Fields, London. 6 hours CPD for both...
Caretakers and the Court of Appeal
Continuing with the (ir)regular residential leasehold update, we have Cadogan v Panagopoulos [2010] EWCA Civ 1259, on appeal from the High Court (our note, here), which was itself an appeal from the county court. I'm not going to set out the factual or legal...
Tenancy Deposit Protection Eviscerated
Tiensia v Vision Enterprises Ltd (t/a Universal Estates) [2010] EWCA Civ 1224 (11 November 2010) This is the long awaited Court of Appeal decision on tenancy deposit protection. It is a conjoined appeal of Universal Estates v Tiensia and Honeysuckle...
Mr Pickles is unlawful and other bits
Cala Homes (South) Ltd v Secretary of State for Communities & Local Government & Anor [2010] EWHC 2866 (Admin) found Eric Pickles, SoS at DCLG, acted unlawfully in scrapping the Regional Strategies for housing development, which also, lest we forget,...
A post-Pinnock question
In the early part of this year, there was a rumour of a High Ct case where Art 8 was being employed against a non-public authority landlord. The case was Quadrant Brownswood Tenant Cooperative Limited v White (HC 09 C 03494). Does anyone know what happened...