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 possessions – Gordon feels your pain
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...
Cardiff homeless – tactical lessons?
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...
While waiting for Weaver 2
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...
Fair and commonsense reviews
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...
Report to come…
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...
‛simply wrong-headed’
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...
Stack v Dowden revisited
The Court of Appeal has effectively given guidance on the application of Stack v. Dowden [2007] UKHL 17 where one is faced with a transfer into joint ownership and no express statements as to shares in the property in Fowler v Barron [2008] EWCA Civ 377 (23...
Possession orders and RTB
Honeygan-Green v London Borough of Islington [2008] EWCA Civ 363 (22 April 2008) A quick note on this Court of Appeal case. What happens when a secure tenant who has begun the right to buy process subsequently has a suspended possession order made against...
EU homeless and education
A Court of Appeal case, concerning eligiblity for housing assistance via EU status London Borough of Harrow v Ibrahim & Anor [2008] EWCA Civ 386 (21 April 2008) The facts are, briefly, Mrs Ibrahim is a Somali national, married to a Danish national. He...
Women's refuges and homelessness
Manchester City Council v Moran & Richards v Ipswich Borough Council [2008] EWCA Civ 378 This is a very important Court of Appeal judgment, which will have significant impact on Women's Refuges and women fleeing domestic violence. These were two appeals,...
Deposit scheme mandatory award
Just a quick note to say that Housed has a report on a County Court judgment on a claim for failure to put deposit in scheme and notify tenant within 14 days. (Stankova v. Glassonbury 10th March 2008, Gloucester County Court. Initial report apparently via...