I'm eagerly awaiting the judgment in R(Weaver) v London & Quadrant, but, in one of those quirks of synchronicity, Bailii has just put the Court of Appeal Judgment in Donoghue v Poplar Housing & Regeneration Community Association Ltd & Anor [2001]...
Follow-ups
There have been some very interesting comments on posts from the last week, and further news on the stories, making a catch up post worthwhile. In no particular order... I am delighted that Tony Fearnley commented on the Helena Housing v Molyneaux &...
Right to Buy and suitable alternative accommodation
Where a possession order is sought under Ground 16 Schedule 2 Housing Act 1985 (under-occupation on succession), what happens to the tenant's right to buy? And is this a factor in weighing the suitability of alternative accommodation and the reasonableness...
Housing Associations and public function to be tested?
[Edit 30 June 08. The judgment in the following case is now out. For a detailed comment, see this post.] According to Inside Housing, London & Quadrant are fighting an application for Judicial Review in Susan Weaver v London & Quadrant Housing Trust....
Considering suspension of possession for ASB
London Borough of Lambeth v Debrah [2007] EWCA Civ 1503 was an application for permission to appeal a Circuit Judge judgment giving an order for possession, which was not suspended or stayed. The appeal was not against the order, but the refusal to suspend....
Suddenly…
there are quite a few cases to cover. Ahmad, R (on the application of) v London Borough of Newham [2008] EWCA Civ 140 on determining priority in allocation schemes. G, R (on the application of) v London Borough of Southwark [2007] EWCA Civ 1506 on...
Time limitation on disability discrimination defence?
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...