You may recall that, on August 3, 2011, the Government launched a consultation paper on its proposals to introduce a “mandatory power of possession” against tenants who are responsible for acts of anti-social behaviour. On August 15, 2011, following the...
Routes of appeal from possession claims
In Southwark LBC v Ofogba [2012] EWHC 1620 (QB) Hickinbottom J clarified the routes of appeal for appeals against orders arising in possession claims. Facts Briefly, Southwark brought a claim for possession against Mr Ofogba on the basis of rent arrears. Mr...
Sentencing guidance for committal hearings
In Amicus Horizon Ltd v Thorley , Court of Appeal, May 30, 2012 (no transcript available yet), Mr Thorley appealed against an order sentencing him to prison for four months. Amicus Horizon had claimed for possession and an anti-social behaviour injunction...
Paying to stay: Policy and legal dilemmas
DCLG's consultation paper on High Income Social Tenants: Pay to Stay Consultation Paper has brought out the academic in me, in part because it is about the construction of a "problem" by policy-makers. In sum, the proposal is to encourage landlords to...
Suitability Regs Consultation
DCLG has issued a consultation on suitability of accommodation in satisfaction of the main homelessness duty. It addresses two issues: the grant of an AST in the private rented sector; and the location of accommodation. The former is much more interesting...
Disability and possession
This is a short note of O'Connell v Viridian Housing [2012] EWHC 1389 (QB) - it's short because it goes nowhere really and the facts were not exactly great. Ms O'Connell is partially sighted and suffers from depression. She had occupied supported housing...
On the naughty step – Part 2: The cost of free
[Updated 12 June 2012] This is the second of a couple of naughty step posts on 'free legal information' on the UK internet. We were moving down through the hellish circles of 'free legal content', but as your reluctant Virgil, I must insist we jump a few...
On the naughty step – Part 1: Geeks bearing gifts
This is the first of a two part Naughty Step I have, I'm afraid, become annoyed lately. Or to be more accurate, annoyance is a fairly constant state for me, but I have become specifically annoyed about a particular something lately. And it is even,...
Leasehold round up
Ok, sorry about this. I've been meaning to do a LVT/UT round up for some time and kept putting it off to allow me to work/sleep/see my wife, etc. So now I've got loads of cases to do. Here goes. Court of Appeal In Westbrook Dolphin Square Ltd v Friends Life...
Not smelling of roses
Dobson & Ors v Thames Water Utilities Ltd (No 2) [2011] EWHC 3253 (TCC) This is very late as a post. My excuse is that the judgment runs to well over 200 pages, it is very complex and, frankly, other stuff happened. This has sat as a part finished draft...
Housing and Human Rights Round-up Part II
Three more housing-related cases have been decided recently by the ECHR: Bjedov v Croatia (29/5/12) Mrs Bjedov was granted a joint tenancy of a 'specially protected' flat in Zadar, Croatia in 1975 and she became the sole tenant after the death of her husband...
Article 14, Disability, HB and Bright-Line Rules
In Burnip v Birmingham CC, Trengove v Walsall MBC, and Gorry v Wiltshire C [2012] EWCA Civ 629, the Court of Appeal considered whether the application of the bedroom rule in the housing benefit regulations as regards private rented accommodation...