The Ministry of Justice has issued a consultation document on a proposal to require mortgage lenders to obtain a court order or the consent of the borrower before repossessing and selling residential owner-occupied homes. (The consultation document is here)....
Service charges up, enfranchisement down: some LVT statistics
As food for reader's thought as 2009 draws to an end, a quick comment on a recent written answer given to the Shadow Housing minister Grant Shapps. Since many readers' will be full of seasonal fare I thought some pictures rather than words would be more apt....
The HRA and precedent
We've been a bit slow on this one, but R v Horncastle [2009] UKSC 14 offers further light on the quarter pounder v royale with cheese debate, which has occupied much of our time this year. J noted that R v Purdy suggested that the UKSC would offer some...
Birmingham Council Gatekeeping, with benefit of transcript
Kelly & Mehari v Birmingham CC [2009] EWHC 3240 (Admin) [Not on Bailii yet, available on Lawtel] Following our note here (and the very helpful comment to it) we've got the transcript of the judgment. (In fact I've had it for a few days, but it has been hell...
Care homes, consultation and the DDA
Boyejo & Ors, R (on the application of) v Barnet London Borough Council [2009] EWHC 3261 (Admin) This was the conjoined hearing of an application for Judicial Review of both Barnet and Portsmouth Councils, both JRs bought by Yvonne Hossack and here...
How late did you leave it?
Not a post about Christmas shopping, (which is all done, thanks to Amazon) but about delays in lodging appeals against ASBOs and the case of R (Birmingham CC) v Birmingham Crown Court; R (South Gloucestershire DC) v Bristol Crown Court [2009] EWHC 3329...
Family allocations
Now, personally, I intend to chuck my kids out as soon as possible and return to "normal". But, for Mrs Ariemuguvbe, this was not possible because her children were subject to immigration status and had no recourse to public funds (no doubt, they didn't...
They do things differently over there
Rodriguez v (1) Minister of Housing (2) Housing Allocation Committee [2009] UKPC 52 is perhaps most remarkable for needing to get as far as the Privy Council before a sensible decision was made. The second respondent was a statutory body responsible for the...
Physical violence only
Yemshaw v Hounslow LBC (2009) CA (Civ Div) 15/12/2009 [only as Lawtel note so far] This was an appeal to the Court of Appeal from a s.202 appeal on the issue of what 'violence' in s.177(1) Housing Act 1996 meant. S.177(1) provides that it is not reasonable...
Disrepair miscellany
The December Legal Action also has the annual housing repairs update. A big tip of the hat to Beatrice Prevatt. We've covered most of the cases here, but there are some others that are well worth a mention... Brunskill v Mulcahy [2009] EWCA Civ 686 (no link)...
Unlawful eviction quantum again
Aricioglu v Kaan Clerkenwell & Shoreditch County Court, 16 October 2009. The December 2009 Legal Action Housing Updates included this County Court claim for harassment and unlawful eviction. Mr A rented a room in a shared house from Mr K for £75 per week in...
Consultation and Prejudice
Daejan Investments Ltd v Benson and others LRX/148/2008 One of the advantages (so we were told) of the Lands Tribunal moving to become the Upper Tribunal (Lands Chamber) was that members of the senior judiciary could be brought in for guest appearances, and...