More results...
A very interesting case report and article by James Stark of Garden Court North in the current Legal Action (March 2008) presents a possible solution to the permanent trespasser problem, at least in part. Permanent trespassers are those who have paid off the...
And so to the last of the marathon of housing case notes I've knocked out over the last few days.... This was reported in the Law Gazette, Mansfield District Council v Langridge (2008) CA (Civ Div), (free access at the time of writing) and is not yet on...
Ahmad, R (on the application of) v London Borough of Newham [2008] EWCA Civ 140 was Newham's appeal of a JR decision that its allocation scheme was unlawful for failing to take adequate account of cumulative need. This is going to be a long post. Allocation...
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...
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...
Wragg & Ors v Surrey County Council [2008] EWCA Civ 19 is an appeal on the refusal of some Right to Buy applications, but the main issue is when a tenancy falls under Schedule 1, para 2(1) Housing Act 1985, which provides: "… a tenancy is not a secure...
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...
[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...
We've been doing quite a few s.85 revival of tenancy applications recently, mostly successful. Where arrears have been paid off, our usual line is that no specific payments have been made for court costs and that court costs have not been added to the...
After yesterday's note, an all too brief comment on an interesting Court of Appeal case defended by the firm of a regular reader/commenter, William Flack of Flack & Co. Wandsworth v Randall [2007] EWCA Civ 1126 The situation - son succeeds to a parent's...
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...
A certain amount of amusement has been circulating around London housing firms at the Court of Appeal judgment in London Borough of Southwark -v- Onayomake [2007] EWCA Civ 1426 (Bailii link, or link to WLR case note here, but may only be briefly freely...