This is more of a question than a post, a question on a problem that I think I understand, but that I hope has a better conclusion than the one I've got to. The issue is when can a new tenancy be effectively said to have arisen after a Suspended Possession...
Do it yourself
A strong argument for not pursuing a case as a litigant in person can be found in this case. That said, hats off to the applicant for at least getting a Judicial Review hearing in person. Not least after turning up two hours late. There is an indication that...
Brownfields to Brown homes?
I've been adopting a wait and see approach to the Brown government, but if this report in the Observer is true, it is most certainly a good thing. Councils are apparently to be permitted to build more housing stock and possibly have rent income released back...
Trouble with tenses
I'm drafting an application and order for the variation of a suspended possession order and revival of secure tenancy under s.85 Housing Act. If the application is successful, the resulting order will immediately cease to have effect because someone else...
EU citizens and social housing
Head of Legal had an interesting post in response to my post on Hodge's outburst (the ramifications of which rumble on, including the BNP noting gratefully that they win whether the ideas become policy or if they are not carried through. Unfortunately true....
What's mine is yours, unfortunately.
To everything there is a season and housing issues are no exception. While winter brings a flood of disrepair cases, Spring is the time for relationship breakdown. Whether involving partners or spouses, this brings its own housing problems, particularly...
Local housing for local people
Margaret Hodge has decided that this is a good time to say that too much Council housing is going to economic migrants at the expense of local residents. Allocation policies should be rethought to reward 'length of residence, citizenship and national...
Succession in secure tenancies – House of Lords
An eminently sensible House of Lords decision today in Birmingham CC -v- Walker [2007] UKHL 22, maintaining the sensible Court of Appeal decision ([2006] 1 WLR 2641). At issue was whether a transmission or change of a tenancy in one of the forms set out in...
White v Knowsley – Court of Appeal Judgment
Given today and no surprises. The upshot is that assured tenants and secure tenants are in exactly the same position in regard to suspended possession orders and that s.9 Housing Act 1989 and s.82 Housing Act 1985 have the same effect despite the difference...
More on London & Quadrant v Ansell
Musing over the Court of Appeal judgment ([2007] EWCA Civ 236) today, it struck me that the case does something rather dramatic to the issue of tolerated trespassers, extending the thrust of Swindon v Aston [2003] HLR 610. What we knew from Swindon v Aston...
Permanent trespassers and enforceable possession orders.
I was scanning the Court of Appeal judgments, waiting for White v Knowsley, when this came up: London & Quadrant Housing Trust v Ansell [2007] EWCA Civ 326 Now that is interesting. Not so much for the conclusion - although the argument is imaginative -...
Postponed assured trespassers verdict soon(ish).
Knowsley Housing Trust v White on suspended possession orders and assured tenants is being heard on 14 March 2007 in the Court of Appeal. I don't know when the judgement will be given.