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The one key message of property law is never trust your family. Mirza v Mirza [2009] EWHC 3 (Ch) is a further example of this truism and I can only marvel at the way Stephen Smith QC, sitting as a Deputy Chancery Judge, dealt with the case. The Claimants,...
Out of Leeds comes an interesting story (picked up via Shelter's Roof blog) about an agreement between the Local Authority, two Citizens Advice Bureaux and Shelter's West Yorkshire Advice Service. Leeds City Council has signed an agreement with the CABs and...
The Lands Tribunal has handed down a number of important decisions in the last week that those working in the field of leasehold enfranchisement need to be aware of. Earl Cadogan v Erkman LRA/56/2007 & LRA/68/2007 (links to a .pdf file) concerns attempts...
News of a change from over the border. From 1st April landlords will have to notify the local authority in a standard form when they raise proceedings for possession. This will give effect to s. 11 of the Homelessness etc (Scotland) Act 2003. Notice can...
We've had an email from HHJ Madge, perhaps better known to housing lawyers as Nic Madge, co-editor with Jan Luba QC of LAG's housing law updates and general all round doyen of the field. I'm delighted to be told that Nic Madge has started his own site, which...
"That is the question, easy to ask but not so easy to answer" - as it takes the Court of Appeal 40 pages (right before Christmas, thank you very much, hence this rather late note) to answer that question in R (A) v LB Croydon; R (M) v LB Lambeth [2008] EWCA...
Once someone is in temporary accommodation, following an acceptance of the full housing duty to a homeless person by the local authority, what happens when that temporary accommodation becomes unreasonable for the household to continue to occupy, but...
Barry v London Borough of Southwark [2008] EWCA Civ 1440 concerned an EEA national's eligibility for social housing, via a Part VII application. EEA 'workers' are eligible for housing assistance as they are not persons subject to immigration control for the...
What Doherty v Birmingham City Council (Secretary of State for Communities and Local Government intervening) [2008] UKHL 57 actually means for a public law defence to possession claims, particularly summary possession, was the subject of London Borough of...
R (Gargett) v LB Lambeth [2008] EWCA Civ 1450; on appeal from [2008] EWHC 663 (Admin). A Discretionary Housing Payment (DHP) is a discretionary payment made by a local housing authority to a person who is (a) in receipt of housing benefit or council tax...
Mangion v Lewisham LBC only appears on lawtel as an ex tempore judgment on 11.12.08 so if somebody out there has a transcript/better note of the Court of Appeal's judgment, that would be helpful to understand this decision. What appears to have happened is...
In St Pancras & Humanist HA v Leonard [2008] EWCA Civ 1442, the Court of Appeal held that, although Mr Leonard had possession of the relevant property (a garage), he nevertheless was estopped from claiming a right by adverse possession against the...