Following on from our post yesterday (and from a personal conversation with Robert Latham of Doughty Street Chambers) we can shed a bit more light on the forthcoming commencement of Sch 11, Housing and Regeneration Act 2008. Firstly, the successor landlord...
And now, the end is near
With grateful thanks to James Stark of Garden Court North and North West Housing Law Practitioners Group, we can pass on some news on the introduction of Schedule 11 Housing & Regeneration Act 2008 and the end of the tolerated trespasser. The SI should...
The Equality Bill
A new Equality Bill was a flagship manifesto commitment and it was finally published at the end of April. The Bill receives its second reading in the House of Commons today. While the Bill is primarily consolidating and tidying up existing law there are...
The importance of not being earnest
Via a somewhat convoluted route, we have received news of a cautionary tale from Croydon. Consider it an illustration of the need to use conditional language when writing about something which is supposed to happen but which is outside of your control. It is...
Bits from LAG and nuisance & Art 8
There are several cases in the latest LAG updates that we haven't covered and that are interesting. Thanks as ever to Jan Luba QC and HHJ Nic Madge for the LAG reports. There are two brief notes on County Court cases and a more sizeable one on Dobson v...
Southwark v Austin: Request for information
We've been contacted by the solicitor for Mr Austin of Southwark v Austin. There is to be an application for permission to go to the House of Lords (or Supreme Court? depending on timing, I suppose). As part of this, they're looking for indicators of the...
If you missed it…
There was a piece broadcast on Radio 5 live about illegal subletting, I think it was on last Sunday, 22 March. It is available as a podcast until Sunday 29 March here or can be played/downloaded as an mp3. Many thanks to Ruth, the producer, for the link.
The end of tolerated trespassers delayed a bit.
News just in - the government has announced that the date for the implementation of s.299 H&R Act 2008 - which brings in 'replacement' tenancies has been delayed from 6 April 2009, when we thought it was going to happen, to 'early May'. This is apparently so...
Carry me out feet first
Second of the Ground 16 cases is London Borough of Brent v John Hodson [2009] EWHC 566 (QB) [Not on Bailli yet]. This was decided in January but only released in the last day or so. This is an appeal to the High Court on issues of availability of suitable...
Appealing reasonableness decisions
This is the first of two appeals on Ground 16 possession claims which came out today, both concerning whether it was reasonable to make a possession order. The second will be up later on. Bracknell Forest Borough Council v Harry Green & Denise Green...
Ahmad: the cup's half empty
As they say in American tv shows: ohmigod. R(Ahmad) v LB Newham [2009] UKHL 14 is now available and the Lords have done a pretty good job at destroying the jurisprudence built up by the High Court and Court of Appeal in Part 6 cases. The headlines are: (a)...
Allocations and Homelessness amendments
Before the excitement of Ahmed tomorrow, there are two legislative developments to note. Firstly, the Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) Regulations 2009, SI 2009/358, has just been published. It waives the requirement...