MSA v London Borough of Croydon [2009] EWHC 2474 (Admin) A technical point on judicial review cases here, but as it is something I've run up against in the past, I think it is interesting. Collins J considers whether a penal notice should be attached to an...
Accidental overpayments not recoverable
Child Poverty Action Group, R (on the application of) v Secretary of State for Work and Pensions [2009] EWCA Civ 1058 This is a benefits case rather than housing per se, but it concerns an important point which will affect many. An overpayment of social...
1/4 pounder or Royale with Cheese? Zehentner v Austria
(With apologies to vegetarians, vegans, and non-lovers of Tarantino/Pulp Fiction) In Pulp Fiction, John Travolta's character explains to Samuel L Jackson's that it is the "little differences" in Europe that make it interesting - they do things differently...
A disgraceful situation and an excellent answer
R (A) v Leicester City Council and the London Borough of Hillingdon [2009] EWHC 2351 (Admin) (only on Lawtel) is an attempt to answer the "interesting question" posed by the Court of Appeal in R (Liverpool CC) v LB Hillingdon and AK (interested party) [2009]...
But everybody did it…
Serious Organised Crime Agency v Pelekanos [2009] EWHC 2307 (QB) Just a quick note to observe that this case - well off our usual patch - makes clear that a significant misrepresentation on a mortgage application that would be likely to induce the lender to...
How many weeks make 8?
Doncaster v Coventry City Council, First Tier Tribunal 032/09/00932, 5 October 2009. A copy of the decision is currently available here and a gloss here. This was an appeal of a review decision addressing at what point a tenant is in 8 weeks arrears for the...
A housing uncooperative?
The case of Mexfield Housing Co-Operative v Berrisford [2009] EWHC 2392 (Ch) illustrates the potentially precarious situation in which the tenant of a fully-mutual Housing Co-operative may find themselves. The facts are simple. Miss Berrisford had been a...
Unfair but not unsatisfactory
Morgan and another v Fletcher and others LRX/81/2008 is an important decision of the Upper Tribunal (Lands Chamber) (aka the Lands Tribunal) on the scope of s.35, Landlord and Tenant Act 1987. As you'll remember, Part 4, Landlord and Tenant Act 1987 confers...
Continuity of tenancy
London Borough of Lewisham -v- Litchmore. 2 October 2009, Bromley County Court Since the beginning of replacement tenancies on May 2009, there have, rather surprisingly, not been any reports on cases involving the Housing and Regeneration Act 2008 Schedule...
Way too secure
Gauci v Malta [2009] ECHR 1280 [Link is to rtf] Hat-tip to the Garden Court Bulletin for this one. Mr G owned a property in Malta. It had been let under a 25 year tenancy agreement in 1975. On the expiry of that agreement, the tenants, who owed other...
Gordon Brown – the new Gladstone?
As we all know, William Gladstone walked the streets of London, even while Prime Minister (1868–74, 1880–85, 1886 and 1892–94), seeking out fallen women to rescue, whether they wanted to be rescued or not. What Gladstone did when he accosted a prostitute was...
Not so much guidance, more of an exhortation
Back in our post on the 50th update to the CPR, we noted that there was a new requirement from 1 October 2009 for the Claimant in mortgage possession proceedings to notify occupiers of proceedings within 5 days of receiving notification of the date of...