Proportionality – between claim and hearing

Well, well. A successful proportionality defence on an introductory tenancy and one upheld on appeal. There is also some helpful confirmation about what can be considered in assessing proportionality. Southend-on-Sea Borough Council v Armour (2012) QBD 18/10/2012 (Not on Bailii. Note on Lawtel and on Garden Court’s site here) Mr A was the introductory tenant […]

Survivorship and succession

Solihull Metropolitan Borough Council v Hickin [2012] UKSC 39 We reported this case in the Court of Appeal here. Briefly Ms Hickin was the daughter of joint tenants of Solihull and had lived in the house since she was born. The father moved out some 9 years before. On the death of the mother, Ms […]

Cohabitant succession

All there is at the moment is a Lawtel note of Amicus Horizon v Mabott and Brand and no neutral citation.  It concerns whether Mr Brand was living with Ms Mabott as her husband for the purposes of succcession to Ms Mabott’s tenancy: s 17(4), Housing Act 1988.  They had lived together in the property […]

The tenant is dead, long live the tenant

Our attention was drawn to a decision in the Medway County Court, presumably because it considered a proportionality defence. I’m not sure there’s much to see there — one of the team said that he was not “remotely excited about it”. But it caught my eye. To be fair, one cannot always tell from a […]

The assignment that wasn’t.

Haringey LBC v Theobald. Clerkenwell and Shoreditch County Court 7 April 2011 Hat tip to September’s Legal Action ‘Recent Developments in Housing Law’ for this County Court case, and Daniel Fitzpatrick at Hodge Jones & Allen. Not a very significant case but a good illustration of the unintended consequences of the ad hoc arrangements sometimes […]

Localism Part Deux

The Localism Bill had a second reading in the Commons yesterday. One amendment (Labour) was tabled and defeated. Looks like the significant amendments will be made in Committee. Not – I must say – the best quality debate ever as it appears to have been mostly about scoring party political points than debating the issues […]

Social housing reform “consultation”

The heavily trailed (eg here and here), “cataclysmic” consultation paper on social housing reforms has been published by CLG today.  There is much to digest and much will be left to individual PRPs and local authorities to work out.  The “consultation” is limited either to specific groups or to more specific issues without challenging the […]

Con-Dem housing reform plans

Cameron and Shapps have trailed a consultation paper to be published as early as tomorrow with a “plan to end lifetime council tenancies” (Inside Housing and The Guardian) and a “home swap scheme to help tenants move” (Today Programme and Inside Housing) (hat-tip to Katie Brown (HLPA junior group), J, and Francis Davey – e-mail’s […]

Just another brick in the (Sheffield CC v) Wall

Sheffield CC v Wall (by her personal representatives), Wall, Ingham, Butler [2010] EWCA Civ 922, is, on any view, an unusual case. The Court of Appeal didn’t, however, help matters. Imagine, if you will, that, in 1967, Mr Steven Wall was placed with Mrs June Wall, who acted as his foster parent, by Sheffield CC. […]

Succeeding to a joint tenancy

Solihull Metropolitan Borough Council v Hickin [2010] EWCA Civ 868 Where there are two joint tenants of a secure tenancy, of whom one has left and no longer occupies the property, and the remaining tenant in occupation dies, can that tenant’s adult child succeed to the tenancy? Or does the tenancy become vested solely in […]