The High Court of Northern Ireland has been considering the creation of an implied right of way in a wholly normal and innocent set of factual circumstances.
How binding is a s.125 notice?
Nessa v London Borough of Tower Hamlets [2010] EWCA Civ 559 This is an interesting appeal on the issue of the amendment or replacement of a S.125 Housing Act 1985 notice offering the right to buy at a specified price. The actual case itself is not...
Ibrahim/Teixeira guidance
The DWP has issued guidance to decision-makers on benefit entitlement in the wake of Ibrahim and Teixeira (our report here) in the European Court, for when there is a likely Article 12 Regulation (EEC) No 1612/68 derived right for a child or children to...
Selective and Additional Licensing Consent for England
It seems that the DCLG has quietly given local authorities approval to operate additional and selective licensing schemes under the Housing Act 2004.
A locked room mystery
LB Lambeth v Emeter [2010] EWCA Civ 527 [not on Baili, note from a transcript] This was a renewed permission to appeal hearing which foundered on Mr Emeter's complete lack of Agatha Christie-esque skills in plotting, detail and making evidence ambiguous. Mr...
These we have missed/didn’t know about
As ever, the Housing updates in Legal Action for May 2010 contains news of a few homelessness cases that are otherwise unreported and which hadn't reached us - primarily County Court decisions or applications for permission for JR or appeal that didn't make...
And here’s to you, HHJ Robinson*
Three decisions of HHJ Robinson, sitting as a judge of the Upper Tribunal (Lands Chamber) for your delectation. In Masri v The Wellcome Trust Ltd [2010] UKUT 138 (LC) the respondents had originally demanded c.£19,000 of charges but, after recording a number...
Further Adventures in Fair Rents
The High Court has been reviewing the mechanism by which RAC’s set fair rents
Of fair rents, disrepair and unreasonable temptations
Ahmed & Ors v Murphy [2010] EWHC 453 (Admin) This was an appeal to the High Court of a decision by the London Rent Assessment Committee (LRAC) that the maximum fair rent payable by Mr Murphy for the flat in Brick Lane, Spitalfields was £8.50 per week. The...
M not G
TG, R (on the application of) v London Borough of Lambeth [2010] EWHC 907 (Admin) Or when is a child in need not a child in need? This was the judicial review of Lambeth's decision not to support TG as a 'former relevant child', he being over 18. The...
Disrepair Quantum – Ombudsman
Local Government Ombudsman Report Report ref 09 005 422 Harlow District Council Ms S was Harlow's secure tenant. Due to a leak, the ceiling in her daughter's bedroom became damaged, in danger of falling and unsafe. Despite Ms S's complaints, Harlow did not...
Not their decision to make
Birmingham City Council v Clue [2010] EWCA Civ 460 Ms Clue was a Jamaican national. She and her oldest daughter were given leave to come to the UK in 2000 as visitors. After 6 months, she applied for leave as a student, which was refused after appeal in...