Judgment just out Weaver (R) v London & Quadrant Housing Trust [2008] EWHC 1377 (Admin) Full notes tomorrow, but the headline is: L&Q is a public authority in its housing function for the purposes of Judicial Review. Use of ground 8 possession claims...
Deficiency in a decision
London Borough of Lambeth v Johnston [2008] EWCA Civ 690 is an appeal to the Court of Appeal from a County Court s.204 appeal. The brief facts - the Claimant applied to Lambeth as homeless in September 2004. He told the officer he had an alcohol problem...
Children Act – housing and education
C, R (on the application of) v London Borough of Lambeth [2008] EWHC 1230 (Admin) is, in the end, mainly concerned with education, but there is quite a bit of interest to housing people. The issue was the duties owed to the Claimant under s.23 and s.24...
HB as rent for RTB
Hanoman v London Borough of Southwark [2008] EWCA Civ 624 Where a local authority landlord has failed to respond to a tenant's notice in time under the Right to Buy procedure, the tenant can serve an 'operative notice of delay' under s.153A(5) Housing Act...
Liability for mesne profits
Jones v London Borough of Merton [2008] EWCA Civ 660 addresses whether a tolerated trespasser's liability to pay mesne profits ends when they leave the property or when they notify the former landlord that they have left. Ordinary trespassers are only liable...
Notes for later
As ever, housing cases come in a flood after a drought. Jones v London Borough of Merton [2008] EWCA Civ 660 on when liability for mesne profits ends after the tolerated trespasser leaves a property. Hanoman v London Borough of Southwark [2008] EWCA Civ 624...
Suitability and marital harmony
Ahad v London Borough of Tower Hamlets [2008] EWCA Civ 606 was an application for permission to appeal from a s.204 appeal concerning a refusal of an offer of permanent accommodation. Tower Hamlets had discharged duty on the basis that the appellant had...
X v Hounslow
I have now got hold of the judgment in X v Hounslow [2008] All ER 337 (May) (thanks to assorted helpful sprites). [Edit 23/06/08 - now up on Bailii]. Previous posts on this one are here and here - this was the case that apparently instituted a potential duty...
Unilateral tenancy variation
Governors of the Peabody Trust v Reeve (Times report) Registered Social landlords cannot vary tenancy agreements unilaterally, save for rent changes. Any other variation of terms requires consent of both parties in writing. Unlike local authorities,...
Illegal Eviction and Disrepair damages
There were a couple of cases mentioned in the June issue Legal Action that are worth a consideration when looking at quantum in illegal eviction cases, and also to some extent in disrepair cases. Legal Action has the full details, but in brief... Addison v...
Third party costs against Councils?
Very interesting post on Housed this evening on the possibilities of seeking a costs order against a local authority for a possession order obtained by a private landlord where the LA has refused to take a homeless application from the tenant until they are...
Adjourning pending Malcolm in the Lords
One of the three cases mentioned in S v Floyd as forthcoming test of the application of Lewisham v Malcolm on the application of the DDA to possession orders has been heard and adjourned by the Court of Appeal. LB Croydon v Wright [2008] EWCA Civ 607 (not on...