Not, I hasten to make clear, a Daily Mail style piece on the health giving properties of drinking expensive water, but a couple of quick notes. First, a Southwark rent arrears possession case, demonstrating that the effects of Jones v London Borough of...
‘Duty of care’ – Not in housing allocation
Darby v Richmond on Thames London Borough Council [2017] EWCA Civ 252 Many of you, I suspect, will be like me - you hear from clients, prospective clients, tenants etc., on a very frequent basis that in making a housing decision, or indeed in not making it,...
Somebody else’s money
Sheffield City Council v Oliver [2017] EWCA Civ 225 We saw this case in the Upper Tribunal, here, and I'll borrow the brief facts. Ms Oliver was the long leaseholder in a block of flats on the Lansdowne Estate, which was owned by the Council. The Council...
Community contribution, priority stars and discrimination
XC, R (on the application of) v London Borough of Southwark [2017] EWHC 736 (Admin) This was a judicial review of Southwark's allocation policy as it applied to transfers. Specifically, the issue was whether Southwark's policy, in awarding 'priority stars'...
… don’t live here anymore
Dove v London Borough of Havering [2017] EWCA Civ 156 This was an appeal of a possession order made against the joint (formerly secure) tenants on the ground of non-occupation as primary or only home, and also serious rent arrears. Both the Ms Dove (twin...
Short term lets, long term consequences
A couple of county court cases on Airbnb/short let use by leaseholders. One was reported in the newspapers, the other has not been reported anywhere before. Both show the potentially serious consequences of leaseholders letting out on short lets, where lease...
Not enough of a notice?
London Borough of Islington v Dyer [2017] EWCA Civ 150 Termination of an introductory tenancy requires a notice under s.128 Housing Act 1996. S.128(7) states The notice shall also inform the tenant that if he needs help or advice about the notice, and what...
Succession, partners and bright line rules
Turley v London Borough of Wandsworth & Anor [2017] EWCA Civ 189 Did the pre Localism Act 2011 succession rules for a secure tenancy amount to a breach of article 8 and 14 (private life and non-discrimination), and if so, should a declaration of...
Just too much effort… Barnet and homeless applications
The Local Government Ombudsman has issued a quite withering decision on a complaint about Barnet Council's failure to make a formal decision on repeated homeless applications by a homeless woman. The woman became homeless in January 2015 after eviction by a...
RTB and Airbnb in Southwark
Yes, the backlog of case reports is growing, but I've only time for a quick note on an interesting development in Southwark. According to this report, Southwark council have decided that their Right To Buy leases contain covenants that would prevent short...
Floating rights
Jones v Canal & River Trust [2017] EWCA Civ 135 This was an appeal against an order that Canal and River Trust could remove Mr Jones boat from a canal near Bradford on Avon, under its powers under s.8 of the British Waterways Act 1983 and s.13 of the...
BPP, fee charging McKenzie friends, and errors of judgment
I have a lot to finish writing up by way of case law - a post underway on narrowboats, the Canal & River Authority and Article 8, and two new court of appeal cases popped up today on Introductory tenancy notices and not occupying as principle residence,...