Admiral Taverns (Cygnet) Ltd v Daniel and another [2008] EWHC 1688 (QB), and [2008] EWCA Civ 1501. We seem to have missed this important case when it was at High Court level. Sorry about that. An appeal against the High Court judgment has just been dismissed...
Request for info – Ground 8
Ah, Ground 8. How we love it. We have been asked by some researchers, who are investigating housing association rent arrears management as well as their use of Ground 8, if readers would get in touch with them if they have experience of RSLs using Ground 8...
Darling's Keynesian splurge
And what is promised for housing? According to this DCLG press release, the following (with my comments in brackets): * Agreement with major lenders to wait at least three months before initiating repossession proceedings, in order to explore all other...
Enforcing Postponed Possession Orders
LB Wandsworth v Whibley [2008] EWCA Civ 1259. If a postponed possession order is made and the landlord takes the view that the conditions of postponement have been broken, the application for a date for possession should be conducted on a summary basis and...
Pour encourager les autres
Webb v Wandsworth LBC (Court of Appeal, November 12, 2008, extempore judgment and only noted in Arden Chambers Eflash 328) Ms Webb was the secure tenant of LB Wandsworth. Between 2005 and 2006 her son was involved in a number of serious criminal and...
Harassment by possession claim
In what appears to be a good week for somewhat bizarre cases, may I present Carlos Allen v London Borough of Southwark [2008] EWCA Civ 1478. This was an appeal by Mr Allen to the Court of Appeal of the striking out of his claim for harassment against LB...
Housing and Human Rights: Kay in the ECtHR
From the Garden Court bulletin: The ECtHR has invited the observations of the UK government on the application made by Mr Kay to the ECtHR, following his defeat in the House of Lords in Kay v LB Lambeth [2006] UKHL 10. The Court has asked for observations on...
Second time around
Truro Diocesan Board of Finance Ltd v Foley [2008] EWCA Civ 1162 In March 1987 Mr Foley became the tenant of a property owned by the predecessor in title of the Board. In 2000, the Board sought possession of the property. They contended that Mr Foley was a...
A cautionary tale
Or the story of the warrant request that wasn't there. Hallam-Peel & Co v London Borough of Southwark [2008] EWCA Civ 1120 is a second appeal from a wasted costs order against Hallam-Peel, a legal aid housing firm, made during stay of warrant proceedings...
Mortgages, sale of property and human rights
Horsham Properties Group Ltd v (1) Paul Clark (2) Carol Beech and GMAC RFC Ltd (Third Party) and The Secretary of State for Justice (Intervener) [2008] EWHC 2327 (Ch) Now this is a complicated little case which, I suspect, will give rise to more questions...
On the Naughty Step
Very firmly esconsed on the step are Sutton Estates, managing agents on Merseyside. These charmers came up with the idea of putting notice boards outside the homes of tenants in rent arrears, proclaiming it to be the home of a 'rent dodger'. Sutton Estates...
Hey, you asked…
Another in Nearly Legal's sporadic attempts at being helpful to passing internet searchers. All the questions are genuine searches from the logs, including the rather puzzling 'crinoline flint', which perhaps gives more insight into the searcher than one...