Catching up – Disability Discrimination and possession

Time for some substantive law at last. I missed this one while I was on holiday and have just had it brought to my attention. LB Lewisham -v- Malcolm & Disability Rights Commission (Intervener) [2007] EWCA Civ 763. A very interesting case on the application of the Disability Discrimination Act 1995 to a possession case, […]

Public funding and rent payable

I meant to post about this one a month ago but got sidetracked. A case for any civil legal aid people to note. Funding Certificates are means-tested. Funding issued by practioners under devloved powers can be and is yanked by the Legal Services Commission if they later calculate the client as outside the eligible range. […]

The horse's mouth

I was delighted to see some comments from members of the Community Law Partnership on this blog today, adding to my notes on some of their Court of Appeal cases. The comments are detailed and very helpful, adding a lot to my scanty commentary, so, for the housing lawyers amongst us, it is well worth […]

Waxed Moustaches

I caught someone from the National Citizens Advice Bureau on BBC Breakfast this morning, commenting on a CAB report on the large number of people in private rented properties in bad condition who are promptly evicted if they complain or do anything about the disrepair. Anecdotally, I’d certainly support this. We do hear from quite […]

Trouble with tenses

I’m drafting an application and order for the variation of a suspended possession order and revival of secure tenancy under s.85 Housing Act. If the application is successful, the resulting order will immediately cease to have effect because someone else entirely will have been the tenant for the last couple of years. My head hurts.

Riverside Housing v White, House of Lords

The Court of Appeal judgment in Riverside suggested that if rent increases hadn’t been levied pretty much exactly as per any provision in the tenancy agreement, those increases were invalid. Riverside had levied rent increases later than the date specified in the tenancy agreement. This was a rent arrears possession case and the arrears were […]

White v Knowsley – Court of Appeal Judgment

Given today and no surprises. The upshot is that assured tenants and secure tenants are in exactly the same position in regard to suspended possession orders and that s.9 Housing Act 1989 and s.82 Housing Act 1985 have the same effect despite the difference in wording. So, any assured tenant in breach of an old […]

More on London & Quadrant v Ansell

Musing over the Court of Appeal judgment ([2007] EWCA Civ 236) today, it struck me that the case does something rather dramatic to the issue of tolerated trespassers, extending the thrust of Swindon v Aston [2003] HLR 610. What we knew from Swindon v Aston was that a tolerated trespasser could not apply to the […]

Permanent trespassers and enforceable possession orders.

I was scanning the Court of Appeal judgments, waiting for White v Knowsley, when this came up: London & Quadrant Housing Trust v Ansell [2007] EWCA Civ 326 Now that is interesting. Not so much for the conclusion – although the argument is imaginative – but for unappealed County Court findings and obiter by the […]

Human Rights and possession claims after Kay v Lambeth

The House of Lords decision in Kay v Lambeth [2006] UKHL 10 addressed Human Rights defences to possession claims, attempting to unify Harrow v Qazi [2004] 1 AC and the subsequent European Court judgement in Connors v United Kingdom [2004] 40 EHRR 189. Qazi effectively ruled out a human rights defence to possession based upon […]