The decision is here. Violation of Art. 8 in the procedural sense only. Minority in Kay approved but, so it appears, Doherty also approved. Strong hints that this is a "time limited" violation, i.e. that Doherty has solved the problem. Paras 73 and 74 are...
Oppression, Maladministration and Re-entry
Hammersmith & Fulham LBC v Pill, West London County Court 26 May 2010 With grateful thanks to the Legal Action Housing Updates (on which more shortly). Ms Pill was Hammersmith & Fulham's secure tenant. She lived with her two children. There had been a...
Period? Which Period?
Suvini v Anderson, Staines County Court, 13 August 2010 It is well known that notices under section 21(4)(a) of the Housing Act 1988 must give notice to a tenant that "after a date specified ... being the last day of a period of the tenancy ... possession of...
On the Naughty Step – drop the dead donkey redux
There is very hot competition among the cast of this sorry episode for being placed on the step. This is also a story which has already been commented on by Tessa Shepperson of Landlord Law, who indeed played a small - and entirely virtuous - part. But Tessa...
Hospital or prison – your choice
Boatwright v Boatwright [2010] EWCA Civ 877 Let us not get excited, this is a nothing of a case, but in these dog days of summer, where substantive case law is hard to come by, we have to take what we can get. The Court of Appeal were confronted by a frankly...
What’s in a (Re)development
Somerfield Stores Ltd v Spring (Sutton Coldfield) Ltd [2010] EWHC 2084 (Ch) (04 August 2010) This is an interesting case from the District Registry in Birmingham. Although it actually concerns a commercial lease and therefore the Landlord and Tenant Act 1954...
Suspended Possession Orders and Insolvency: with benefit of transcript
And as if by magic (thanks J) we have a transcript for the permission hearing judgment in Godfrey v A2 Dominion [2010] EWCA Civ 941, following our earlier note here. Brief facts - the assured tenant ran up rent arrears. A2 began possession proceedings....
Bankruptcy and possession – permission granted
North British Housing v Sharples [2010] EWCA Civ 539 [Not on Bailii or Lawtel] This is the second permission to appeal hearing on this topic that we have reported recently, after Godfrey v A2 Dominion (on which we are still seeking more detail). Sadly the...
“Responding to Human Rights Judgments”, or then again, not.
The latest Government response to the Joint Committee on Human Rights report 2009/10 has been released. The PDF of the response is available here. This is the response of the current Government and they make clear that it is to a report prepared under the...
Con-Dem housing reform plans
Cameron and Shapps have trailed a consultation paper to be published as early as tomorrow with a "plan to end lifetime council tenancies" (Inside Housing and The Guardian) and a "home swap scheme to help tenants move" (Today Programme and Inside Housing)...
Just another brick in the (Sheffield CC v) Wall
Sheffield CC v Wall (by her personal representatives), Wall, Ingham, Butler [2010] EWCA Civ 922, is, on any view, an unusual case. The Court of Appeal didn't, however, help matters. Imagine, if you will, that, in 1967, Mr Steven Wall was placed with Mrs June...
Suspended possession orders and insolvency: request for info
We've been told that on 29 July 2010, the tenant appellant in Godfrey v A2 Dominion North Ltd was granted permission to appeal. Quite what permission has been given is less clear - our source says Court of Appeal, but the case was elsewhere listed as being...