More results...
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...
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....
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,...
Just when, post Kay v Lambeth in the Lords, it looked like the issue of human rights defences to possession claims was pretty much settled (i.e. there pretty much weren't any), the ECtHR has decided to put a large stick in the spokes. As many people have...
As a follow-up to the mortgage repossession post below, I've just spotted a sad story on Landlord Law blog. Tessa had a case in which private tenants discovered, when the bailiffs turned up, that the property they had just rented was subject to a mortgage...
Or, to be precise, when does a Suspended Possession Order for rent arrears cease to be enforceable? In broad terms, the answer is clear - when all sums due under the order have been paid off. But when is that? After Marshall v Bradford MC, it is vital for a...
Mortgage repossessions are rising at the fastest rate since 1991. According to the MoJ quarterly figures [pdf]: Possession claims in the first quarter of 2008 were 38,688, 7% more than in the last quarter of 2007. The rise over the last year was 16%. 27,530...
Thanks to Housed and Garden Court's bulletin for the pointer to this Ombudsman's report [pdf] on Cardiff's failure to provide temporary accommodation pending enquiries on what was a prima facie case of 'not reasonable to remain' homelessness. Cardiff were...
The Joint Committee on Human Rights has recommended that the Oftenant regime and the Housing and Regeneration bill extend the scope of the Human Rights Act to Registered Social Landlords. In response to the Housing Federation complaining that this would...
So, then Omar v City of Westminster [2008] EWCA Civ 421 Briefly, the facts were that Mr Omar made a homeless application to Westminster. His household consisted of his wife and his infant son who had just been born and was, at the time of the application was...
I previously mentioned a Garden Court report on Omar v Westminster. There is also a brief Times report here. The full judgment is now out on Bailii and is interesting. Omar v City of Westminster [2008] EWCA Civ 421 (03 March 2008) on reviewing suitability of...
Apparently Wandsworth are very very unhappy with the Court of Appeal judgment in Wandsworth v Randall on underoccupation possessions via ground 16 HA 1985. So unhappy that they are lobbying Caroline Flint to change the law via the Housing and Regeneration...