There are several cases in the latest LAG updates that we haven't covered and that are interesting. Thanks as ever to Jan Luba QC and HHJ Nic Madge for the LAG reports. There are two brief notes on County Court cases and a more sizeable one on Dobson v...
Duty to provide rent-free accommodation?
R (Best) v Oxford City Council [2009] EWHC 608 (Admin), [2009] All ER (D) 252, noted on this week's Garden Court Housing Law Bulletin, but not yet on BAILII. This is a judicial review that essentially turned on whether a local housing authority has a duty...
Disclaimer, assignment and guarantee
In Shaw v Doleman[2009] EWCA Civ 279 the Court of Appeal confirmed the view taken by some writers as to the effect of the disclaimer of an assigned lease on the obligations of a guarantor. At the same time it highlights that wording common in Authorised...
The end of the road
X v LB Hounslow [2009] EWCA Civ 286. When news of X first reached the NL team, the near unanimous response was one of pleasure at the result. Once we obtained a transcript and saw the reasoning of the trial judge, it became clear not only that an appeal...
Public Law Defence – an arguable case
McGlynn v Welwyn Hatfield District Council [2009] EWCA Civ 285 was an appeal of a summary possession that had been stayed pending Doherty in the Lords. Mr McGlynn was granted a non-secure tenancy by Welwyn in 2000, in pursuance of homelessness obligations...
An inconvenient problem
There were lots of good intentions behind the SI making clear that 16/17 year olds are in priority need (The Homelessness (Priority Need for Accommodation) (England) Order 2002 (SI 2002 /2051)). But as a few have pointed out in recent years, there might...
Southwark v Austin: Request for information
We've been contacted by the solicitor for Mr Austin of Southwark v Austin. There is to be an application for permission to go to the House of Lords (or Supreme Court? depending on timing, I suppose). As part of this, they're looking for indicators of the...
Kay in the ECtHR
The Statement of Facts, together with the Question posed by the ECtHR is now online.
If you missed it…
There was a piece broadcast on Radio 5 live about illegal subletting, I think it was on last Sunday, 22 March. It is available as a podcast until Sunday 29 March here or can be played/downloaded as an mp3. Many thanks to Ruth, the producer, for the link.
A dutiful cousin
The House of Lords have again considered the nature and extent of proprietary estoppel in Thorner v Majors [2009] UKHL 18. Regular readers will recall we discussed their decision in Yeoman’s Row Management Limited (Appellants) and another v Cobbe...
Improvements, rent and former long leaseholders – a nasty loophole
The recent case of Hughes v Borodex Ltd [2009] EWHC 565 (Admin) illustrates a pitfall that may face the very small number of former long leaseholders who have become assured tenancies as a result of the Local Government and Housing Act 1989 ("the 1989 Act")....
A Weaver v L&Q interlude.
While we wait for the Court of Appeal judgment in Weaver v London & Quadrant - the case was heard in the last week of February, I believe - we have a judgment along the way, specifically on Weaver's application for a protected costs order (PCO). It is...