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Once again the issue of an applicant’s eligibility for benefits has come before the courts in Sylwia Kaczmarek v Secretary of State for Work and Pensions [2008] EWCA Civ 1310. I am sure that all those with an interest in housing law will appreciate the...
From Usefully Employed (hat-tip) comes the news that the consultation on the Equality Bill proposes the introduction of indirect discrimination as a category, which would help with the horlicks that the Lords made of the 1995 Act in Malcolm v Lewisham: [the...
The FSA has issued a warning letter to all mortgage lenders and mortgage administrators advising them to get their houses in order, so to speak, over possession actions and arrears management. This is in line with the rather underdeveloped (publicly at...
Admiral Taverns (Cygnet) Ltd v Daniel and another [2008] EWHC 1688 (QB), and [2008] EWCA Civ 1501. We seem to have missed this important case when it was at High Court level. Sorry about that. An appeal against the High Court judgment has just been dismissed...
Two new Statutory Instruments have just come out relating to this Act, and, given that I'm updating my seminar notes about the 2008 Act, I thought I'd share them with you. The Allocation of Housing (England) (Amendment) (Family Intervention Tenancies)...
We are saddened to be told of the untimely death of Bob Lawrence. Some of us knew him, some of us knew of him, but hadn't had the chance to meet him. As many readers of NL will know, Bob Lawrence was a special adviser at the DCLG and a driving force behind...
Osibanjo v Seahive Investments Limited [2008] EWCA Civ 1282 (Court of Appeal) Are there circumstances in which a landlord can accept only part of a cheque offered by a tenant and thereby avoid waiving its right to forfeit? It would appear that there are,...
Ah, Ground 8. How we love it. We have been asked by some researchers, who are investigating housing association rent arrears management as well as their use of Ground 8, if readers would get in touch with them if they have experience of RSLs using Ground 8...
And what is promised for housing? According to this DCLG press release, the following (with my comments in brackets): * Agreement with major lenders to wait at least three months before initiating repossession proceedings, in order to explore all other...
This is another of the occasional cases on s.2(1) Leasehold Reform Act 1967 - the definition of a 'house' for the purposes of leasehold enfranchisement. Not strictly on point for Nearly Legal, but I enjoy them, so you get them... Grosvenor Estates Ltd v...
Thanks to Tessa at landlordlaw for pointing me to this news snippet from Liverpool, in which the HMO licensing scheme is not only enforced, but the Local Authority aids the tenants, Following conviction of the landlords, Raymond Whalley, and Ray Whalley Ltd,...
LB Wandsworth v Whibley [2008] EWCA Civ 1259. If a postponed possession order is made and the landlord takes the view that the conditions of postponement have been broken, the application for a date for possession should be conducted on a summary basis and...