Starting on Monday

A big week for housing law next week. The House of Lords is hearing Knowsley Housing Trust v White [2007] EWCA Civ 404 (tolerated trespassers and assured tenancies in the context of a preserved Right to Buy) Porter v Shepherds Bush Housing Association [2008] EWCA Civ 196 (do assured tenancies give rise to tolerated trespassers […]

Transferred Trespassers

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 ex-landlord is entitled to let the dwelling-house, and (iii) the ex-landlord and the […]

Housing and Regeneration Bill

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]

Liability for mesne profits

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 for mesne profits for the period of actual occupation of a property. Merton submitted […]

Notes for later

As ever, housing cases come in a flood after a drought. Jones v London Borough of Merton [2008] EWCA Civ 660 on when liability for mesne profits ends after the tolerated trespasser leaves a property. Hanoman v London Borough of Southwark [2008] EWCA Civ 624 on when housing benefit counts as rent under RTB rules. […]

When does enforceability end?

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 .s85 application to revive tenancy […]

Hey, you asked 2

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. what does mandatory possession mean It means that if the ground is successfully […]

Post mortem revival of tenancy

This is an interesting case that I missed when it came out on Bailii a couple of months ago. It has just been mentioned in Legal Action, so I went to have a look. Austin v London Borough of Southwark [2007] EWHC 355 (QB) concerned an attempt to revive a tenancy after the death of […]

Friday News round-up

The debate on the Housing and Regeneration Bill on 31 March saw clauses on both Ground 8 Possession and tolerated trespassers put forward by the Government. Clause 9 appears to stop RSLs using ground 8 at all and to introduce a reasonableness defence in general for ground 8 where housing benefit delay or failures have […]

HLPA almost live.

As an experiment, nearly live blogging from the HLPA AGM fell foul of having my mobile turned off. So this is ‘on the way home from HLPA’ blogging instead. Useful talks on Housing Benefit, particularly on the new Local Housing Allowance, in force from 7 April. Also news that the draft Housing bill due for […]