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...
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...