Webb v Wandsworth LBC (Court of Appeal, November 12, 2008, extempore judgment and only noted in Arden Chambers Eflash 328) Ms Webb was the secure tenant of LB Wandsworth. Between 2005 and 2006 her son was involved in a number of serious criminal and...
Harassment by possession claim
In what appears to be a good week for somewhat bizarre cases, may I present Carlos Allen v London Borough of Southwark [2008] EWCA Civ 1478. This was an appeal by Mr Allen to the Court of Appeal of the striking out of his claim for harassment against LB...
Access to benefits and proportionality
While Zalewska v Department for Social Development (Northern Ireland) [2008] UKHL 67 is not a housing case as such, I hope that many of our readers will still find this useful and interesting. It is the second time in a fortnight (after RJM) that the House...
A Curious Footnote
Mich-Onyibe v Wandsworth LBC (04/11/08, CA, judgment currently unavailable otherwise than by way of e-flash from Arden Chambers) is a kind of a curious footnote to homelessness law. Wandsworth accepted that they owed the full Part VII housing duty to Ms...
It's the end of the world as we know it
Housing Minister Margaret Beckett dropped a bit of a bombshell yesterday. The Government has (according to leaks in the Times) responded warmly to a CIH proposal to end secure and assured tenancies as we know them and replacing them with fixed term contracts...
Retaliatory Eviction Campaign
As many readers will know, Debbie Crew has been conducting a campaign about retaliatory evictions - typically in private tenancies where a tenant has complained about conditions in the property and got Environmental Health in, and the landlord promptly...
Homelessness fact finding and Article 6
What more could you wish for on a Friday afternoon that a bit of homelessness law in the Court of Appeal? Don't answer that. Anyway, on to Ali & Ibrahim v Birmingham City Council [2008] EWCA 1228. Two joined appeals, one on behalf of Ms Ali and one on...
Housing and Human Rights: Kay in the ECtHR
From the Garden Court bulletin: The ECtHR has invited the observations of the UK government on the application made by Mr Kay to the ECtHR, following his defeat in the House of Lords in Kay v LB Lambeth [2006] UKHL 10. The Court has asked for observations on...
Rough Sleepers, Rough Justice
R (RJM) (FC) v Secretary of State for Work and Pensions [2008] UKHL 63 This House of Lords judgment is now just under two weeks old, but I think it is still worthy of comment here. It is a discrimination case dealing with benefits and rough sleepers, but...
ASBOs for all!
Birmingham City Council v (1) Shafi (2) Ellis [2008] EWCA Civ 1186 This is a complicated case, focusing much more on local government law than on housing law per se, but there are some significant implications for housing lawyers. We've already had one...
Varying an ASBO – an (un)appealing option
We here at NL still haven't decided how much ASB law to cover on the blog. On the one hand, only possession proceedings and s.153A-E Housing Act 1996 injunctions could be said to be 'true' housing law. But, on the other, ASB remedies are, to a very...
Deposits – another County Court decision
Tessa Shepperson at Landlord Law has a report from a landlord's solicitor on another tenancy deposit case in the County Court, this time Bedford County Court. In short, the Court found that payment of the deposit and provision of the required information by...