Given today and no surprises. The upshot is that assured tenants and secure tenants are in exactly the same position in regard to suspended possession orders and that s.9 Housing Act 1989 and s.82 Housing Act 1985 have the same effect despite the difference...
Small claims limits unchanged
As regular readers may recall, the limit for disrepair claims to fall into small claims was under review. Proposals were made to raise the current limit of £1000 to £5000. Regular readers will recall that I thought that this was a Bad Thing. According to the...
More on London & Quadrant v Ansell
Musing over the Court of Appeal judgment ([2007] EWCA Civ 236) today, it struck me that the case does something rather dramatic to the issue of tolerated trespassers, extending the thrust of Swindon v Aston [2003] HLR 610. What we knew from Swindon v Aston...
Permanent trespassers and enforceable possession orders.
I was scanning the Court of Appeal judgments, waiting for White v Knowsley, when this came up: London & Quadrant Housing Trust v Ansell [2007] EWCA Civ 326 Now that is interesting. Not so much for the conclusion - although the argument is imaginative -...
Postponed assured trespassers verdict soon(ish).
Knowsley Housing Trust v White on suspended possession orders and assured tenants is being heard on 14 March 2007 in the Court of Appeal. I don't know when the judgement will be given.
Degrees of Homelessness?
Local Authority allocation policy, as it applies to those to whom the Authority has accepted a duty to secure accommodation, is still being thrashed out in the Courts. Birmingham City Council is the latest to have their allocation policy found unlawful in R....
But I hardly know you
Why do people do it? Why do they sign up for joint tenancies with private landlords together with people they have only just met? I'm sure it all seems terribly exciting, but what are you letting yourself in for with your shiny new shorthold assured tenancy?...
Human Rights and possession claims after Kay v Lambeth
The House of Lords decision in Kay v Lambeth [2006] UKHL 10 addressed Human Rights defences to possession claims, attempting to unify Harrow v Qazi [2004] 1 AC and the subsequent European Court judgement in Connors v United Kingdom [2004] 40 EHRR 189. Qazi...
Social landlords seek to avoid disrepair claims. No repairs involved.
Searching for something else entirely, I stumbled across a press release from the Social Housing Law Association detailing their representations to the DCA on funding for disrepair claims, made late last year. Headed "Move to repel tenants' bogus disrepair...
What do we do with a problem like Ground 8?
To those not acquainted with housing law, Ground 8 is one of the mandatory grounds for possession of an assured tenancy listed in Housing Act 1988 Schedule 2. It forms one of the major differences between an assured tenancy (typically Housing...
Equitable interests and right to buy discounts
A fairly abstruse discussion after the recent fun and games, but, to someone like me who was intrigued and amused while studying equity, an enjoyable one. A recent case involved the client's equitable interest in an ex-council house, formally purchased by...
And close the door behind you.
In what would, were all the world a stage, be a rather overdone bit of dramatic irony, the final publication of the LSC's future legal aid funding arrangements took place yesterday, as did the showing of 'Evicted' on BBC1, part of the Beeb's 'No Home'...