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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...
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.
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...
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...
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...
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...
Well, McCann v UK certainly seems to have stirred things up. Naturally, most of the speculation is on the effect and extent of the judgment. I'm still trying to work out for myself what the likely or even possible effects are, so this is a work in progress....
A few bits and pieces... Gilboy v Liverpool CC has a hearing at the Court of Appeal on 19 or 20 May (thanks J and GCN). Doherty v Birmingham is at the House of Lords later this year, which should be a big test for the legacy, if any, of McCann (thanks J,...
Just when, post Kay v Lambeth in the Lords, it looked like the issue of human rights defences to possession claims was pretty much settled (i.e. there pretty much weren't any), the ECtHR has decided to put a large stick in the spokes. As many people have...
As a follow-up to the mortgage repossession post below, I've just spotted a sad story on Landlord Law blog. Tessa had a case in which private tenants discovered, when the bailiffs turned up, that the property they had just rented was subject to a mortgage...
Mortgage repossessions are rising at the fastest rate since 1991. According to the MoJ quarterly figures [pdf]: Possession claims in the first quarter of 2008 were 38,688, 7% more than in the last quarter of 2007. The rise over the last year was 16%. 27,530...
Apparently Wandsworth are very very unhappy with the Court of Appeal judgment in Wandsworth v Randall on underoccupation possessions via ground 16 HA 1985. So unhappy that they are lobbying Caroline Flint to change the law via the Housing and Regeneration...