The Civil Justice Council has finally published the "Pre-action Protocol for Possession Claims based on Mortgage or Home Purchase Plan Arrears in in Respect of Residential Property" and have done so with an array of press releases (CJC here, HM Treasury...
A cautionary tale
Or the story of the warrant request that wasn't there. Hallam-Peel & Co v London Borough of Southwark [2008] EWCA Civ 1120 is a second appeal from a wasted costs order against Hallam-Peel, a legal aid housing firm, made during stay of warrant proceedings...
Addiction, relapse and priority need
Simms v London Borough of Islington [2008] EWCA Civ 1083 is Court of Appeal case from a s.204 appeal. The issue was vulnerability, the Pereira test, and the use of medical evidence. Mr Simms was homeless,sleeping in his car, having lost his home after losing...
Aweys v Birmingham in the Lords date
The hearing of Birmingham's appeal to the Lords from this Court of Appeal judgment is listed for 26 January 2009. No news yet on what it is that Brum are actually appealing and on what grounds.
Belated and in brief
Also with thanks to Legal Action for this one I had missed (my fault because it dates back to before my illustrious co-bloggers joined NL)... Littlejohn v City of Westminster [2007] EWCA Civ 1562. Court of Appeal permission to appeal on vulnerability. A...
Intentional homelessness and badly behaved children
This is somewhat belated - I'd missed these and the court of appeal isn't on Bailii to link to - so thanks to Legal Action for the heads up. White v Southwark LBC [2008] EWCA Civ 792 was an application for permission for a second appeal from a s.204 appeal....
Mortgages, sale of property and human rights
Horsham Properties Group Ltd v (1) Paul Clark (2) Carol Beech and GMAC RFC Ltd (Third Party) and The Secretary of State for Justice (Intervener) [2008] EWHC 2327 (Ch) Now this is a complicated little case which, I suspect, will give rise to more questions...
Homeless eligibility issue off to the ECJ
Teixeira v London Borough of Lambeth [2008] EWCA Civ 1088 is a Court of Appeal hearing, referring questions about right of residence under Art 12 of Regulation (EEC) 1612/68 to the European Court. (This is very much a continuation of the issues in LB Harrow...
Care home closures and right to life
Verna Wilson & Ors, R (on the application of) v Coventry City Council [2008] EWHC 2300 (Admin) was a judicial review of the decisions by Coventry and Havering councils to close care homes with elderly residents suffering from dementia or physical...
On the Naughty Step
Very firmly esconsed on the step are Sutton Estates, managing agents on Merseyside. These charmers came up with the idea of putting notice boards outside the homes of tenants in rent arrears, proclaiming it to be the home of a 'rent dodger'. Sutton Estates...
Starting on Monday
A big week for housing law next week. The House of Lords is hearing Knowsley Housing Trust v White [2007] EWCA Civ 404 (tolerated trespassers and assured tenancies in the context of a preserved Right to Buy) Porter v Shepherds Bush Housing Association [2008]...
Transferred Trespassers
As it stands, Schedule 11 of the Housing and Regeneration Act will end the existence of tolerated trespassers who meet these conditions: (i) the home condition is met (ie that the dwelling house remains the ex-tenant’s only or principal home). (ii) the...