And the question of what Doherty actually means rumbles on. Central Bedfordshire Council v Taylor & Ors [2009] EWCA Civ 613 was the Court of Appeal hearing of an appeal from a Circuit Judge's decision to make an outright possession order and, in particular,...
He can look after himself
R (Shoaib) v LB Newham [2009] All ER (D) 198 (Jun) [only available as an All ER note as yet] was a Judicial Review of a decision to terminate s.21 National Assistance Act support to Mr Shoaib. Mr Shoaib had claimed asylum in 2004. His claim had been rejected...
Would you credit it?
Some of you might have seen in the news recently some rather confused reports that HHJ Halbert at Chester County Court was dealing with various attempts by people to write off debts owed under credit agreements, see, for example, this from the BBC or this...
Take it as is or not at all
Ryan v London Borough of Islington [2009] EWCA Civ 578 concerned Ms Ryan's Right to Buy under Part V Housing Act 1985 and whether or not it had been deemed to be withdrawn. Ms Ryan was the secure tenant of a an Islington property. In January 2003, she served...
RSL meet HRA, HRA meet RSL
Well, well, well. Or perhaps well, well, oh heck. The Court of Appeal has handed down its judgment in R (Weaver) v London & Quadrant Housing Trust [2009] EWCA Civ 587 and, by a majority, L&Q have lost. It will be remembered that Mrs Weaver was a...
Tales from the pink campervan
The Tenants Services Authority (the new regulatory body for RSLs and, from April 2010, local authorities) has been holding a "national conversation" with tenants, touring round in a pink campervan amongst other engagement techniques. The outcome from that,...
Pick a date, any date
It might be a small thing next to the likes of Weaver v L&Q, but Hussain v Bradford Community Housing Limited & Kauser [2009] EWCA Civ 763 is worth attention on a technical point. Hussain had a weekly periodic tenancy has joint tenant with Kauser. The weekly...
Weaver v L&Q Newsflash
R(Weaver) v London & Quadrant [2009] EWCA Civ 587 is out (link to doc of the judgment thanks to Garden Court) This was the Court of Appeal hearing of L&Q's appeal of the High Court finding that it was a public authority in its housing function,...
Rent review (Megarry at last…)
Avid students of assured tenancies will know that the late Sir Robert Megarry wondered (in his work the Rent Acts) what would happen to a term providing for a mechanism for setting the rent that was written into a fixed term assured tenancy after that...
Martin Creed is not kosher
The lights go on, the lights go off, the lights go on, the lights go off. Such was Martin Creed's Turner Prize winning installation (and I will not hear a word against Creed - I warn you now, any objection will be met with a lengthy analysis of late...
Residing, or merely living, with…
Freeman v London Borough of Islington [2009] EWCA Civ 536 was an appeal to the Court of Appeal from a Circuit Judge's finding that Ms Freeman was not entitled to succeed to her father's secure tenancy under s.87 Housing Act 1985. At issue was the definition...
Right to buy and Housing Benefit rebates in the Lords
The House of Lords opinions in Hanoman (FC) (Respondent) v London Borough of Southwark (Appellants) [2009] UKHL 29 were handed down today. This was Southwark's appeal of a Court of Appeal judgment we noted here. Briefly, Mr Hanoman was a Southwark secure...