Two HB decisions from the Upper Tribunal, Administrative Appeals Chamber have appeared, which are interesting because they demonstrate the approach of the Tribunal to the construction of the HB Regs (Torbay Borough Council v RF [2010] UKUT 7 (AAC) (14...
Condensed Condensation
Herelle v South London Family Housing Association Limited, Lambeth County Court, 26 November 2009 Ms Herelle was the assured tenant of SLFHA (now part of Horizon Housing). Her tenancy of the one bed flat began in September 2001. There had been problems with...
Gatekeeping and an absence of records
Local Government Ombudsman's decision: London Borough of Hammersmith & Fulham (09 001 262) 'Ms Kenza' (not her real name) approached LB Hammersmith and Fulham as homeless when she had to leave her private rented home following an incident of domestic...
Tenancy Deposit Protection on Sale and Leaseback
A recent case promises to be the first to the Court of Appeal on the issue of tenancy deposit protection.
HMO Planning Changes and a Consultation
The Department of Communities and Local Government has published new proposals on dealing with HMOs.
Transfers and rent arrears
The question of the interaction between housing debt and prioritisation for an allocation under Part VI, Housing Act 1996, appears to have been in issue in R(Osei) v Newham LBC Lettings Agency, decided on 27.01.10. I say "appears to" because, as of yet, no...
Heffernan v The Rent Service (Again)
The High Court has considered the issue of the calculation of reference rents for the purposes of housing benefit.
Legal Action – Guest Post by Jan Luba and Nic Madge
We have had a request from Jan Luba QC and HHJ Madge who, as I'm sure you all know, edit the 'recent developments in housing law' updates in Legal Action each month. They are looking for feedback on the updates, so we are happy to help with a guest post......
Rack rent, enfranchisement and intermediate leasehold interests
McHale v Earl Cadogan [2010] EWCA Civ 14 is, it's safe to say, probably not going to be one of the most discussed cases on NL this year, but we are nothing if not comprehensive and couldn't fail to write it up. Collective enfranchisement is the process...
Its all in the name
The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 has just been laid before Parliament in draft form, to come into effect on April 1, 2010. A copy is available here. In short, it makes it compulsory for local authorities...
New(ish) Section 21 Case
BAILII has recently added a case from November 2008. In Chohan v McManus [2008] EWCA Civ 1657 the Court of Appeal was considering what constituted occupation of premises for the purposes of an Assured Tenancy. The facts were that Mr McManus occupied a room...
Catching up with LAG
The January 2010 Housing updates in Legal Action have some County Court case reports that hadn't reached us. You will naturally have already read them in Legal Action, but for our archives... Tenancy Deposits O'Brien v Hill Barnet County Court 22/09/2009 Mr...