Incoming

The House of Lords is due to hand down judgment in Doherty v Birmingham tomorrow (30/7). This will include their Lordships’ first take on McCann v UK. I’m aiming to have some sort of case note up by tomorrow night. It will be the start of a busy patch for judgments.

Possession and evidence

North Devon Homes Ltd. v Batchelor [2008] EWCA Civ 840 concerned a claim for possession of an assured tenancy. At County Court, the claim was brought on grounds 10, 12 and 14 HA 1988. While the claim resulted in a postponed possession order for ground 10 rent arrears, the claims on ground 12 (non-performance of […]

Comments on Malcolm in the Lords

Oh dear, oh dear. That could have gone better. I’m not going to go into great detail on the five separate judgments from the House of Lords in LB Lewisham v Malcolm [2008] UKHL 43, but I do want to look at where it leaves us and what the problems are with the judgments. The […]

Comments on Weaver

Belated, I know, but this is the first chance I have had to really look at the judgment in Weaver (R) v London & Quadrant Housing Trust [2008] EWHC 1377 (Admin). Ground 8 and Legitimate Expectation First the substantive ground of challenge – that the use of Ground 8 mandatory possession claims by L&Q Housing […]

Malcolm in brief

LB Lewisham v Malcolm [2008] UKHL 43 Court of Appeal thoroughly and unanimously overturned. The reason for the treatment is the reason in the mind of the landlord, or one which can be imputed to them. So the landlord must be aware or be imputed to be aware of the disability, and the reason for […]

And now Malcolm!

Before I even have time to get to grips with Weaver, the House of Lords judgment in Malcolm v Lewisham is out. No time even for a quick look now. Hopefully I’ll get to post something later on.

L&Q v Weaver flash

Judgment just out Weaver (R) v London & Quadrant Housing Trust [2008] EWHC 1377 (Admin) Full notes tomorrow, but the headline is: L&Q is a public authority in its housing function for the purposes of Judicial Review. Use of ground 8 possession claims is not a breach of legitimate expectation.

Third party costs against Councils?

Very interesting post on Housed this evening on the possibilities of seeking a costs order against a local authority for a possession order obtained by a private landlord where the LA has refused to take a homeless application from the tenant until they are evicted. The post contains an advice by Tony Ross of 1 […]

Adjourning pending Malcolm in the Lords

One of the three cases mentioned in S v Floyd as forthcoming test of the application of Lewisham v Malcolm on the application of the DDA to possession orders has been heard and adjourned by the Court of Appeal. LB Croydon v Wright [2008] EWCA Civ 607 (not on Bailii) was adjourned until the Lords have […]

Repossession – tips from a District Judge

On the back of tonight’s Panorama on the BBC about the impact of the mortgage/price housing market problems (available for the next week on iplayer), the Beeb has an interview with and tips from DJ Stephen Gould of Kingston-upon-Thames County Court. All sensible stuff for someone facing a repossession claim.