Adesotu v Lewisham LBC Case No E40CL183, a decision of HHJ Luba on preliminary issues handed down on 8th February 2019, is so going to the Court of Appeal that the judge (having been satisfied that Ms Adesotu and her household would continue to be...
Nominations agreements and the Equality Act
I was excited to see R(Z) v Hackney LBC & Agudas Israel HA (2019) EWHC 139 (Admin), because it is the first case in which the thorny issue of "nomination" rights and, potentially, the concept of a "true void" have arisen for full decision by a court of...
Going off Half Breached
Toms v Ruberry (2019) EWCA Civ 128 This case deals with the lease of a public house. It has passed through a number of different landlords and tenants but the current landlord is Mr Toms and the tenant, Ms Ruberry. The lease contains a range of provisions...
Possession and the PSED
In Powell v Dacorum BC (2019) EWCA Civ 29 and Forward v Aldwyck Housing Group Ltd (2019) EWHC 24 (QB), the question of the effect of the public sector equality duty under s. 149, Equality Act 2010, on possession proceedings where there had been drugs...
Hillingdon’s 10 year rule (Again)
As a socio-legal academic, I just love it when a court has to deal with "the empirical evidence" (and, as an occasional qualitative researcher, also love it when quals are regarded as superior to quants). In R(TW)(No 2) v Hillingdon LBC (2019) EWHC 157...
Tenure is not a medical matter
In Kannan v Newham LBC (2019) EWCA Civ 57, Lewison LJ once again (after Lomax - our note) has considered the effect of the public sector equality duty on a review, this time concerning suitability. Mr Kannan and his household had lived in "temporary"...
Alterations, disability and equality
Smailes & Poyner-Smailes v Clewer Court Residents Ltd, Cardiff County Court 30 January 2019 (Unreported but copy of judgment is here). Although only a County Court (Circuit Judge) decision, this is an interesting and potentially significant case on the...
Do not put aside the set aside, or delay 6 months to seek relief
Gibbs v Lakeside Developments Ltd (2018) EWCA Civ 2874 Oh dear... Behind the key point in this case lies a history of unfortunate things. But what fell to be decided by the court of appeal is whether, in a leasehold forfeiture case, the lessee could succeed...
Relevance and homelessness
Safi v Sandwell BC (2018) EWCA Civ 2876 can be regarded as a footnote of some significance in the factors which are relevant in determining whether a household is homeless for the purposes of s. 175, Housing Act 1996. (And, as a footnote to that footnote, a...
Build defects and fitness for habitation
Rendlesham Estates Plc & Ors v Barr Ltd (2014) EWHC 3968 (TCC) Well, we did write this one up at the time (our report here), but I don't think we quite appreciated the general significance of the case. We certainly didn't anticipate that it might...
Fitness for Habitation – a thumbnail guide
As of 20 December 2018, we have the Homes (Fitness for Human Habitation) Act 2018. This is a quick (very quick) overview of the Act and how it works. For a more detailed version, there may well be a forthcoming book... The Act amends the Landlord and Tenant...
Finally! – Fitness for Human Habitation passes
The Homes (Fitness for Human Habitation) Bill passed Third Reading in the House of Lords on 19 December. If you are reading this on 20 December, it might even already be an Act, as it may receive royal assent on 20 December. The Bill/Act provides that it...