More results...
North Devon Homes Ltd. v Batchelor [2008] EWCA Civ 840 concerned a claim for possession of an assured tenancy. At County Court, the claim was brought on grounds 10, 12 and 14 HA 1988. While the claim resulted in a postponed possession order for ground 10...
On applications for permission to appeal to the House of Lords: Omar v Birmingham City Council - Omar refused permission to appeal from this Court of Appeal judgment. Very disappointing given the ambiguity, to put it mildly, of the Court of Appeal judgment...
There is an all too common situation. A tenant with the right to buy is offered a capital sum and the mortgage payments for the (in this case) three years needed to avoid repaying the RTB discount on transfer. In the meantime, they either get to stay or hand...
This was a judicial review against Southwark's allocation policy, reported in this post, which Southwark, rather surprisingly, appealed. Faarah, R (on the application of) v London Borough of Southwark [2008] EWCA Civ 807 was the result. The issue was the...
Barrett v LB Southwark [2008] EWHC 1568 (Comm) was an appeal of a dismissed application for permission to make a s.204 appeal out of time on an intentional homelessness decision upheld at s.202 review. For some reason it was heard in the Commercial Court (?)...
I have been and remain extremely busy, but thankfully there has been nothing of significance to post about. I'm toying with a summary of the fascinating and now very, very lengthy comment thread on the Malcolm post, but that too will have to wait. While I am...
The Housing and Regeneration bill has been amended so that homeless applicants with families who are subject to immigration control will have that family count towards priority need. This will apply for UK/EU/Commonwealth citizens. Good. That will hopefully...
Gilboy, R (on the application of) v Liverpool City Council & Ors [2008] EWCA Civ 751 is the appeal from the Judical Revew decision noted in this previous post. The appeal, was by general consent, on one issue alone. Does the internal review procedure for...
Oh dear, oh dear. That could have gone better. I'm not going to go into great detail on the five separate judgments from the House of Lords in LB Lewisham v Malcolm [2008] UKHL 43, but I do want to look at where it leaves us and what the problems are with...
Belated, I know, but this is the first chance I have had to really look at the judgment in Weaver (R) v London & Quadrant Housing Trust [2008] EWHC 1377 (Admin). Ground 8 and Legitimate Expectation First the substantive ground of challenge - that the use...
LB Lewisham v Malcolm [2008] UKHL 43 Court of Appeal thoroughly and unanimously overturned. The reason for the treatment is the reason in the mind of the landlord, or one which can be imputed to them. So the landlord must be aware or be imputed to be aware...
Before I even have time to get to grips with Weaver, the House of Lords judgment in Malcolm v Lewisham is out. No time even for a quick look now. Hopefully I'll get to post something later on.