Cockett v Moore [2011] EWCA Civ 493 (Casetrack only; noted on the GC Bulletin). The Court of Appeal has refused permission to appeal in this costs dispute. Mr Moore was the tenant of Ms Cockett in a one bed flat. There appear to have been a series of tenancy...
Eviction without notice or permission
Pritchard & Ors v Teitelbaum & Ors [2011] EWHC 1063 (Ch) This case forms part of the aftermath of Fineland Investments Ltd v Janice Vivien Pritchard [2011] EWHC 113 (Ch) (our report here). It appears that Ms Pritchard was not going to take either the...
Cock up, not conspiracy…
Allen v Southwark LBC [No.2] [2011] EWCA Civ 470 I haven't been able to find a report on this case, save for a note in the Garden Court Housing Law Bulletin for 26 April 2011. If anyone has a transcript, we'd be very keen to see it. This looks like the end...
Now that’s gotta hurt
Just a short note on Leeds cc v Price (LSC intervening) [2011] EWHC 849 (QB) because it isn't a housing case at all. It's the costs fall-out from Price v Leeds CC [2006] UKHL 10; [2006] 2 A.C. 465 (the other case with Kay v LB Lambeth). You'll remember that...
Rough pasture – another caravan story
Two interesting points were decided by the Court of Appeal in Murphy v Wyatt: Where there is an agreement permitting a mobile home to be stationed on land which does not have planning permission for use as a caravan site (and therefore does not have a site...
An opportunity to reform
Hat tip to Legal Action's Recent Developments in Housing Law for letting us know about this one. Westlea Housing Association v Price, Swindon County Court, 20 & 21 Jan 2011 An ASB possession case, successfully defended at least partly on the basis that...
Article 8 in the County Courts. Part 1 of…
We've heard of a couple of County Court proportionality defence decisions since Pinnock. but none in enough detail to report. One of those is, apparently, headed to appeal, so maybe more then. But we've now had sight of a full judgment in a County Court case...
Chalk, cheese and Ground 9
Hat tip to Legal Action 'Recent Developments in Housing Law' for this one. Watford Community Housing Trust v Personal Representatives of Elizabeth Chalmers, Watford County Court 14 January 2011 This was a possession claim under Ground 9 Schedule 2 Housing...
‘Defending Possession Proceedings’ update
The LAG Defending Possession Proceedings (7th Edition), a book which is surely in every housing practitioner's library, has received an update to cover Pinnock and Powell, public law and proportionality defences. The free update can be downloaded here.
Oh Cluck!
Nearly Legal was brought up with chickens (not by chickens - a vital distinction. No poultry played a parental role at all. Oh no). After decades, and not a little intensive therapy, the metaphorical, if not the literal, scars seemed to have faded. Immersed...
Grant Shapps on flexible tenancies and Pinnock
Grant Shapps has given A statement to Inside Housing on his view of the impact of Pinnock v Manchester and Powell v Hounslow on the plans for flexible tenancies. The short answer is not a lot. He points to the 'exceptional case' provision and the presumption...
A Return to Parliament Square
The Mayor of London (Greater London Authority) v Haw & Ors [2011] EWHC 585 (QB) You may remember that there has been some previous litigation (the most crucial of which we reported on here) between the Mayor of London and various persons protesting on or...