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 […]

Coombes – an update

Thanks to the virtual telegraph, I’ve had the transcript in R (Coombes) v Secretary of State for CLG and Waltham Forest LBC [2010] EWHC 666 (Admin) for a few days (but it still does not appear on Baili, although, I gather, is available on Westlaw and the like), but a variety of circumstances (man flu/an […]

They do things differently over there

Rodriguez v (1) Minister of Housing (2) Housing Allocation Committee [2009] UKPC 52 is perhaps most remarkable for needing to get as far as the Privy Council before a sensible decision was made. The second respondent was a statutory body responsible for the allocation of social housing in Gibraltar. It had an unwritten and unpublished […]

Succession – the afterlife of the tolerated trespasser

R (Neville) v London Borough of Wandsworth [2009] EWHC 2405 (Admin) [not on Bailii yet] This was a renewed application for permission for a Judicial Review of Wandsworth’s refusal of a discretionary succession. Mr Neville had been living with his mother. Mrs Neville had a secure tenancy from Wandsworth from 1999. In April 2004, a […]

Way too secure

Gauci v Malta [2009] ECHR 1280 [Link is to rtf] Hat-tip to the Garden Court Bulletin for this one. Mr G owned a property in Malta. It had been let under a 25 year tenancy agreement in 1975. On the expiry of that agreement, the tenants, who owed other property themselves, were able to exercise […]

HLPA Conference

The Housing Law Practitioners Association (“HLPA”) host their annual conference on December 15, 2009 at the Royal College of Surgeons, London. Details have just been released (with more to follow later in September) and can be found at www.profbriefings.co.uk/hlc2009. Highlights include: (a) Richard Drabble QC giving the key note speech. Richard has had a very […]

Austin to the Lords

Word reaches us that LB Southwark v Austin (our report on the Court of Appeal here) has been given permission by the House of Lords (or Supreme Court as it will be). It seems that the time of the tolerated trespasser troubling the Lords is not yet over, as the situation in Austin was not […]

Residing, or merely living, with…

Freeman v London Borough of Islington [2009] EWCA Civ 536 was an appeal to the Court of Appeal from a Circuit Judge’s finding that Ms Freeman was not entitled to succeed to her father’s secure tenancy under s.87 Housing Act 1985. At issue was the definition of ‘has resided with the tenant throughout the period […]

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 scale of the issue involved in the case. So […]

Dead and gone

The mopping up of the tail end of tolerated trespasser cases continues. Barry Austin v LB Southwark [2008] EWCA Civ 66 was the Court of Appeal hearing of the appeal from the High Court hearing we noted earlier. The issue at stake was whether Mr Austin would have a right to apply under s.85 HA […]