This is definitely a specialist question, for which I seek housing people's opinions. A semi-hypothetical situation: A suspended possession order made against the client, a secure tenant, two years ago on grounds of rent arrears. Client didn't attend...
Disability discrimination – the comparator
Following on from the previous post, and the detailed discussions that took place in the comments to that post, I wanted to try to clarify for myself the key element of establishing discrimination, which hopefully may be of use for others. In particular, I...
On impotent landlords and disability.
There are a couple of articles in the latest Journal of Housing Law (Vol 11, issue 1 2008) on Malcolm v London Borough of Lewisham and the effect of the Disability Discrimination Act 1995 on possession orders. I'd say the articles are of varying interest....
Hey, you asked…
For some of us internet old timers, who were on usenet before the WWW existed and were hand coding websites in the mid 1990s, it is still a surprise how people treat search engines as something to put a fully fledged question into. January has been a bumper...
Of orthopaedic footwear and possession orders
Not a particularly significant case, but not one you see every day either. Nuisance by adverts for wigs, orthopaedic footwear, and dating agencies. Accent Peerless Ltd v Kingsdon & Anor [2007] EWCA Civ 1314 was an appeal of an outright possession order...
Human Rights and Possession Claims – looking for the exception
The latest case to test the Connors, Kay and Doherty formulations on human rights defences to possession cases (see here for previous post, including the comments) has just had its Court of Appeal judgment released. I would assume that Smith (On Behalf of...
Extending security by tenancy agreement?
[Edit, time slightly later on. In the comments to her post Tessa suggests that the case discussed below was not a judgment at all but merely adjourned from the undefended list for a hearing of the issues. So none of what follows is of much significance.] A...
Housing case flood
Just a note. Comments to follow, asap. Court of Appeal: Wandsworth v Randall [2007] EWCA Civ 1126 Succession and possession for under-occupation. London Borough of Southwark v Dennett [2007] EWCA Civ 1091 Right to Buy, Delay and Misfeasance in Public Office...
Convicted – Evicted
Raglan Housing Association Ltd v Fairclough [2007] EWCA Civ 1087. Basically, Housing Act 1988 Schedule 2 Ground 14 (b) means that if if you have been convicted of an indictable offence committed in, or in the locality of, the dwelling-house the discretionary...
Busy, Busy, Busy
I'm flat out at the moment. Even my usual posting windows of a Saturday or Sunday have seen me either too tired or working to manage a post. So all I can manage is to point to two cases for Housing people's attention, to which I will return when I have time....
Disability and tenancy – More on Malcolm
I posted on Lewisham v Malcolm ten days ago. Since then a couple of commentors have raised issues and Tessa has posted on the implications of the case at Landlord Law. So it seemed worth a further look. The caveat is that what follows is my understanding of...
Possession claims dropping? Not all.
The latest figures, up to Quarter 2 2007 are available on the Ministry of Justice site, link to the PDF. The figures show quite a drop in the Q2 figures for non-accelerated possession claims issued (including claims by Councils and Housing Associations)...