Yes, it's true, another review has been published, this time of the regulation and redress in the UK housing market. And yes, if you're wondering, this was what the Law Commission did in their Issues paper on proportionate dispute resolution and further...
In passing…
A couple of quick notes from the HLPA meeting this evening. Aweys v Birmingham is listed for the Lords next week (homeless at home and allocation policy differences in priority between homeless at home and those with no accommodation available, as if you...
Local Housing Authorities to build new homes… perhaps
Local government finance is a fascinating area. Honestly. Those local housing authorities which still retain housing stock are required keep records of their housing income and expenditure. They also operate a Housing Revenue Account ("the HRA"). The HRA is...
No no she's not dead, she's, she's restin'!
Newport City Council v Charles [2008] EWCA Civ 1541, The Times, 11 Aug 2008 [now on bailii] The transcript for this (factually remarkable but legally straightforward) case has only just been produced, hence the delay in covering it. The appellant, Mr...
Right to Buy leases and service charges
Leicester City Council v Masters LRX/175/2007 (links to a .pdf) Pursuant to the Right to Buy provisions, the respondent purchased a leasehold interest in his flat in April 2005. As readers will know, where someone is purchasing a leasehold interest under the...
Retrospective CFAs on appeal
Birmingham City Council v Forde [2009] EWHC 12 (QB) was the High Court hearing of Birmingham's appeal from the High Court (Costs) case we reported on in August last year. In short, the appeal was dismissed, and the judgment of the Costs Judge upheld, but in...
On the naughty step – on tour
Nearly Legal's naughty step has recently taken the complicated, slow and interrupted trip from Norwich to North Wales. It is is with reluctance, several changes of train, and a painful recovery of repressed traumatic memory that we now find ourselves in the...
Ahmad v Newham in the Lords
R (Ahmad) v Newham LBC is being heard in the Lords on Monday 19 January and Tuesday. This is an important case on allocation policies and cumulative need. See our post on the Court of Appeal decision here. We'll report on the outcome as soon as...
Views on the Mortgage possession protocol
The Law Gazette this week has a couple of articles on the new mortgage repossession/money claim protocol. First is a clear and possibly optimistic outline of the requirements of the protocol from Christopher Atkinson. Well worth a read on the details and...
Homelessness – when unitary authorities aren't.
R (Hassan) v Croydon LBC (Admin Court 13 January 2009. Only reported so far in Arden Chambers eflash 336) was a judicial review on the discretion to secure accommodation pending s.202 review under s.188(3) HA 1996 and whether a potential duty under s.20...
Deposits – the mandatory award again
As noted by Tessa at Landlord Law, the current (January 09) Legal Action housing updates includes a tenancy deposit case which further muddies the waters. Ferguson v Jones, Birmingham County Court 5 Nov 2008 concerned an assured shorthold tenancy. Ms Jones...
On the Naughty Step – guest post
[In a bit of an innovation, we have a guest writer for a naughty step post. My grateful thanks to M for a cracking post....] You get the distinct impression with some that it’ll take a bit more than being placed on the naughty step for them to see the error...