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As it stands, Schedule 11 of the Housing and Regeneration Act will end the existence of tolerated trespassers who meet these conditions: (i) the home condition is met (ie that the dwelling house remains the ex-tenant’s only or principal home). (ii) the...
Well, Nearly Legal asks and the CLG deliver. We posted a note on 12 August, when not much was happening, asking why the new CBL guidance hadn't seen the light of day (with some scurrilous thoughts), and a couple of weeks later it was published (link here)...
The Department for Communities and Local Government has released new guidance for local authorities in regard to the operation of choice based lettings (CBL) schemes. This link is to the PDF of the Guidance. A post with an initial consideration of the...
Now that it's the silly season and there's not much happening out there, there's an opportunity to reflect on what's not happening with the Code of Guidance on Choice-Based Lettings, or more accurately, why it hasn't been issued. Is CLG on the naughty step?...
The Housing and Regeneration Act has now received royal assent. A full history of its passage through Parliament is here. 24/7 - the full text of the act is now up on the OPSI site [pdf]
This was a judicial review against Southwark's allocation policy, reported in this post, which Southwark, rather surprisingly, appealed. Faarah, R (on the application of) v London Borough of Southwark [2008] EWCA Civ 807 was the result. The issue was the...
Jones v London Borough of Merton [2008] EWCA Civ 660 addresses whether a tolerated trespasser's liability to pay mesne profits ends when they leave the property or when they notify the former landlord that they have left. Ordinary trespassers are only liable...
I have now got hold of the judgment in X v Hounslow [2008] All ER 337 (May) (thanks to assorted helpful sprites). [Edit 23/06/08 - now up on Bailii]. Previous posts on this one are here and here - this was the case that apparently instituted a potential duty...
Update on this case from Friday 24 May. No judgment available yet that I have seen, but there is a further new story on the Hounslow case at 24dash.com, which gives a few more details. Specifically, the negligent failure found was that housing did not invoke...
A case is reported in the Guardian which apparently extends local authorities' duty to protect tenants from third parties to include vulnerable adults, not only children. A couple, both with learning difficulties, were terrorised in their flat by a group of...
Or, to be precise, when does a Suspended Possession Order for rent arrears cease to be enforceable? In broad terms, the answer is clear - when all sums due under the order have been paid off. But when is that? After Marshall v Bradford MC, it is vital for a...
More brief but hopefully helpful replies to the civil litigation and housing questions that brought searchers to Nearly Legal. As ever, nothing of what follows should be taken as legal advice and no action should be taken without obtaining full legal advice....