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Annulment Funding Company Ltd v Cowey and Cowlam [2010] EWCA Civ 711. We here at NL often joke that, if any of us were appointed to judicial office then we doubt that anyone would ever get possession orders from us; not only are we able to demonstrate a...
What is a house? Rather like the well-known elephant test, this point consistently comes before the higher courts - and many other great thinkers - and, in Day v Hosebay Ltd; Howard De Walden Estates Ltd v Lexgorge Ltd [2010] EWCA Civ 748, the Court of...
National Westminster Bank Plc v Rushmer [2010] EWHC 554 (Ch) is a rather complex case involving enforcement of charging orders. I'm not going to deal with the full background, which is set out in the judgment and in this earlier case, I just wanted to raise,...
The Court of Appeal has considered in detail the interpretation of ground 14A
A small victory for the Welsh Assembly this week. They had been trying to get a Legislative Competence Order past Westminster to transfer a series of powers relating to social housing. This was lost in the sweeping up week prior to the dissolution of...
*but it remains open. Not a housing post per se, but this case concerns Part 36 offers which are a vital tool in any disrepair or nuisance claim or counterclaim, so worth a brief note for practitioners. Gibbon v Manchester City Council [2010] EWCA Civ 726...
Lana Wilson v London Borough of Harrow [2010] EWHC 1574 (QB) This was the combined permission/appeal hearing in the High Court from a first instance hearing by a CJ of a defence to a possession claim based on an NTQ served by a joint tenant. The principal...
You've probably already seen this, but new upper limits on housing benefit rates are to be introduced from next April (2011). For a three bed house, the upper limit will be £340 per week For a four bed house, the upper limit will be £400 per week LHA will be...
The Jabberwock of the tenancy deposit scheme came whiffling again, in the tulgey wood of Northampton County Court. This time it was the clause that catch to beware of. And there's a disrepair claim in there too. Paula O'Brien v Jacqueline Jones & Andrew...
Austin v London Borough of Southwark [2010] UKSC 28 It has been a long story for Mr Austin and a long, long, long story for the tolerated trespasser. But this Supreme Court judgment should be the last time the Supreme Court is troubled by the legacy of...
The last issue of Shelter's excellent Roof magazine has landed on my desk today. It's been a mainstay of my preoccupation with housing issues for the past 20 years, and it would be wrong to let its passing go without a short note. The last issue is a...
It appears that the Tenant Services Authority is living on borrowed time and is on route to being the shortest lived social housing regulator ever, having got its full powers only in April 2010. There will probably be an announcement at the Chartered...