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...
Repossession – tips from a District Judge
On the back of tonight's Panorama on the BBC about the impact of the mortgage/price housing market problems (available for the next week on iplayer), the Beeb has an interview with and tips from DJ Stephen Gould of Kingston-upon-Thames County Court. All...
Interim Accommodation and Judicial Review
Lusamba, R (on the application of) v London Borough of Islington [2008] EWHC 1149 (Admin) concerned a judicial review application on failure to decide on provision of interim accommodation pending review of a negative s.184 HA 1996 decision. It raises...
Duty to protect update 1
Update on this case from Friday 24 May. No judgment available yet that I have seen, but there is a further new story on the Hounslow case at 24dash.com, which gives a few more details. Specifically, the negligent failure found was that housing did not invoke...
A duty to protect?
A case is reported in the Guardian which apparently extends local authorities' duty to protect tenants from third parties to include vulnerable adults, not only children. A couple, both with learning difficulties, were terrorised in their flat by a group of...
Caravan sites and Tomlin orders
A couple of interesting permission to appeal hearings have appeared on Bailii. Permission granted in both cases for Court of Appeal hearing. Lee v Rhondda Cynon Taff County Borough Council [2008] EWCA Civ 523 concerns whether a Local Authority should have...
Wondering about McCann
Well, McCann v UK certainly seems to have stirred things up. Naturally, most of the speculation is on the effect and extent of the judgment. I'm still trying to work out for myself what the likely or even possible effects are, so this is a work in progress....
Snippets
A few bits and pieces... Gilboy v Liverpool CC has a hearing at the Court of Appeal on 19 or 20 May (thanks J and GCN). Doherty v Birmingham is at the House of Lords later this year, which should be a big test for the legacy, if any, of McCann (thanks J,...