From 5th January 2009 — in England at least — we will all be faced with a new beast the "Family Intervention Tenancy", previously alluded to by my colleague J. Since the last significant piece of the legal jigsaw was completed when the rules for local...
Payments to return and Art 8.
AC, R (on the application of) v Birmingham City Council [2008] EWHC 3036 (Admin) was a judicial review which concerned funding for an illegal overstayer and her family under s.17 Children Act 1989, although it would also apply for s.20 funding. The Claimant...
Enfranchisement – is it all hope(value)less?
Earl Cadogan and other v Pitts and another; Earl Cadogan and another v Sportelli and another [2008] UKHL 71 Enfranchisement is the process whereby leaseholders can force their freeholder to sell them the freehold of the property. The Leasehold Reform Act...
Tis aw a muddle
A reminder, if one was needed, of the perils and pitfalls of constructive trust cases can be found in Elithorn v Poulter & Others [2008] EWCA Civ 1364 The problems in this case were not just the confused and confusing evidence (not only that of Dr...
On the naughty step
Please welcome to the naughty step the head of housing for Norwich City Council, Kristine Reeves, along with other council officers. Why? Some pernicious housing policy or dodgy choice based letting scheme? No. Ms Reeves took a rather more personal interest...
What is a service charge?
Morshead Mansions Ltd v Leon Di Marco [2008] EWCA Civ 1371 Service charges. Much more interesting than tolerated trespassers. Honestly. Sections 18 - 30 Landlord and Tenant Act 1985 contain a detailed regulatory framework for service charges in residential...
Tolerated trespassers in the House of Lords
For once we were well and truly beaten to the line in publicly announcing a judgment, and in this instance most deservedly so. At about 11 am at the Housing Law Conference Jan Luba QC announced the result of Knowsley HT v White, Honeyghan-Green v LB...
Housing Law Conference clash
So, the Housing Law conference is tomorrow, 10 December, and I suspect a swathe of the Nearly Legal contributors will be there. I will, anyway. Naturally this coincides precisely with the House of Lords handing down one of the more significant housing...
Avoiding s.20 duties to children?
I am strangely and unaccountably late with this one - I can only presume it was released late by Bailii and it was August anyway. But finally, here is R(M) v Barnet LBC [2008] EWHC 2354 (Admin), a judicial review on a decision to assist a 17 year old under...
Wednesday morning – 9.45am
The House of Lords will give judgment in Knowsley v White; Islington v Honeygan-Green and Porter v Shepherds Bush HA (the tolerated trespasser trilogy) at 9.45am on Wednesday (links to a .pdf).
Catch-up miscellany
Thanks, as ever, to Jan Luba and Nic Madge in Legal Action for putting out notes on cases, including those that don't make the reports. There were a few of those in December's Legal Action that are worth a mention - of course, all I have to go on is the LA...
Partly closed loophole
As the case of YL v Birmingham has been the subject of some comment on Nearly Legal I thought that readers may be interested to know that the Health and Social Care Act 2008 (Commencement No. 4) Order 2008 SI 2008/2994 has brought s. 145 of the Health and...