June's Legal Action housing updates have a bumper collection of interesting county court cases, as you'll already know. For our archives, this is the first of a couple of posts. This one deals with cases on post-eviction re-entry and on re-opening possession...
How binding is a s.125 notice?
Nessa v London Borough of Tower Hamlets [2010] EWCA Civ 559 This is an interesting appeal on the issue of the amendment or replacement of a S.125 Housing Act 1985 notice offering the right to buy at a specified price. The actual case itself is not...
A locked room mystery
LB Lambeth v Emeter [2010] EWCA Civ 527 [not on Baili, note from a transcript] This was a renewed permission to appeal hearing which foundered on Mr Emeter's complete lack of Agatha Christie-esque skills in plotting, detail and making evidence ambiguous. Mr...
Disrepair Quantum – Ombudsman
Local Government Ombudsman Report Report ref 09 005 422 Harlow District Council Ms S was Harlow's secure tenant. Due to a leak, the ceiling in her daughter's bedroom became damaged, in danger of falling and unsafe. Despite Ms S's complaints, Harlow did not...
Access to Justice
An anecdotal rant, for which forgive me. Sometimes one needs to vent, but this is hardly an unusual situation. It is 'just' an example of the viciousness of the public funding boundaries. I've combined a few instances in what follows, and changed details for...
Events, dear boy, events…
A couple of bits of news. First, John Healey, the shy and self-effacing Housing Minister, announced his intention to make unlawful sub-letting a criminal offence. That said, the DCLG press release rather jumps the gun by describing the sub-lettings as...
A farewell to the RSL
On 17 March 2010, the 'The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010', SI 2010 NO. 866 was made. Also enacted on 17 March was The Housing and Regeneration Act 2008 (Commencement No. 7 and Transitional and Saving Provisions)...
It's a confused world out there…
And for the new year, it seems an opportune moment to delve into the Nearly Legal search logs in a vaguely quixotic attempt to provide answers to some of the questions that brought people here. Alternatively, where this is not possible, we can stare in mute...
Disrepair miscellany
The December Legal Action also has the annual housing repairs update. A big tip of the hat to Beatrice Prevatt. We've covered most of the cases here, but there are some others that are well worth a mention... Brunskill v Mulcahy [2009] EWCA Civ 686 (no link)...
New Local Authority Allocation Guidance
DCLG has released the new Code of Guidance for Local Authority allocation of housing. There is a slightly unfinished page about it here and a press release here. The Code of Guidance itself is here [link to pdf]. We will come back to the Guidance in a proper...
Succession – the afterlife of the tolerated trespasser
R (Neville) v London Borough of Wandsworth [2009] EWHC 2405 (Admin) [not on Bailii yet] This was a renewed application for permission for a Judicial Review of Wandsworth's refusal of a discretionary succession. Mr Neville had been living with his mother. Mrs...
Telling the TSA what to do
The Government in the form of the DCLG has issued its response to consultation on the directions it is to give the Tenant Services Authority under s.197 Housing and Regeneration Act 2008 and also the directions on regulatory standards themselves. The...