We first noted Defence Estates v L and another [2009] EWHC 1049 (Admin) a few weeks ago and now the transcript is available. The history L was married to an army officer. He was a violent alcoholic who abused both his wife and their daughters. In 1989 he...
Not interesting enough
McKenzie, R (on the application of) v London Borough of Waltham Forest [2009] EWHC 1097 (Admin) was a Judicial Review initially brought on grounds that the local authority refused to provide the claimant with temporary accommodation following her...
Why bother in the first place?
Since the Leasehold Reform, Housing and Urban Development Act 1993, leaseholder owners of flats in certain categories of building have been able to "collectively enfranchise" and force the freeholder to convey the freehold of the building to a nominee...
Straws in the wind
Yesiloz v London Borough of Southwark [2009] EWCA Civ 415 was concerned with whether a Turkish asylum seeker was entitled to housing benefit. Ms Yesiloz arrived in the UK in the late 1990s and claimed asylum. She moved into premises in Camden and claimed HB...
And… relax
After the rather pressured posts of the last few days, time for a quick tiptoe through the Nearly Legal search logs for the search terms that brought people here that, let me be honest, are beyond even our considerable collective power to answer: law on...
Child 'requires accommodation'
R (G) v Southwark [2009] UKHL 26 was the appeal to the House of Lords of this Court of Appeal judgment. At issue was whether Southwark could effectively avoid its s.20 Children Act duty to accommodate a homeless child by referral to the Housing Department by...
House of Lords newsflash
The House of Lords has today given its judgment in the case of R (G) v Southwark [2009] UKHL 26. We reported the Court of Appeal decision here. A fuller report will follow on Nearly Legal in due course, but as we may not finish it today the headlines are:...
Tolerated Trespasser day
It is official, orders signed and everything. As of today, 20 May 2009, Schedule 11 of the Housing & Regeneration Act is in force, save for paragraphs 3(3), 8(3) and 14(3), which we are arguing about below. Housing and Regeneration Act 2008 (Commencement...
More on tolerated trespassers
Following on from our post yesterday (and from a personal conversation with Robert Latham of Doughty Street Chambers) we can shed a bit more light on the forthcoming commencement of Sch 11, Housing and Regeneration Act 2008. Firstly, the successor landlord...
And now, the end is near
With grateful thanks to James Stark of Garden Court North and North West Housing Law Practitioners Group, we can pass on some news on the introduction of Schedule 11 Housing & Regeneration Act 2008 and the end of the tolerated trespasser. The SI should...
Tenancy Deposit – variations on a theme
Legal Action May 09 housing updates contain a few tenancy deposit cases, which further muddy the waters... Seghier v Rollings, Bow County Court, 6 March 2009. An assured shorthold beginning in May 2007. A deposit was paid by Mr Seghier to the letting agent...
Unlawful Eviction and Harassment quantum
The May edition of Legal Action's housing updates contains a report on Khan v Iqbal, Bury County Court, 13 March 2009. Ms Khan was an assured shorthold tenant on rent of £650 pm. She lived with her children aged 15 and 12 She got into rent arrears. The...