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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...
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...
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...
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,...
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...
London Borough of Wandsworth v Allison [2008] EWCA Civ 354 is a Court of Appeal judgment on an appeal from a s.204 Housing Act 1996 appeal. It was made in downright odd circumstances, as the respondent had won the s.204 appeal but then had public funding...
More brief but hopefully helpful replies to the civil litigation and housing questions that brought searchers to Nearly Legal. As ever, nothing of what follows should be taken as legal advice and no action should be taken without obtaining full legal advice....
It may have taken nearly a year after Margaret Hodge's 'they come over here taking our housing' outburst, but it turns out that she was wrong (and I was right, so there). The early findings of a major survey into social housing allocation ordered by the...
A short note on Gargett, R (on the application of) v London Borough of Lambeth [2008] EWHC 663 (Admin) which was an application for Judicial Review on Discretionary Housing Payments. The applicant had applied for a DHP to cover rent arrears, being at risk of...
Just a quick comment on Westminster CC v Boraliu [2008] EWCA Civ 1339, which is not on Bailii yet. I was alerted by Housing View at Sweet & Maxwell. This was Court of Appeal decision on the effect of Schedule 1, Housing Act 1985 on exclusions from...
This is an interesting case that I missed when it came out on Bailii a couple of months ago. It has just been mentioned in Legal Action, so I went to have a look. Austin v London Borough of Southwark [2007] EWHC 355 (QB) concerned an attempt to revive a...
The debate on the Housing and Regeneration Bill on 31 March saw clauses on both Ground 8 Possession and tolerated trespassers put forward by the Government. Clause 9 appears to stop RSLs using ground 8 at all and to introduce a reasonableness defence in...