A quick note on an ongoing County Court case that raises some interesting questions. (As it is an ongoing case, all apparent statements of fact are as set out in the judgment and should be taken as being untested at trial). Leicester Housing Association Ltd...
Deposit received, one way or another
There are still some questions to be cleared up on tenancy deposit law and this Court of Appeal case neatly deals with one of them, while opening up what might be a very large can of worms. Superstrike Ltd v Rodrigues [2013] EWCA Civ 669 Where a deposit was...
Not in my court
Forfeiture is, for the most part, beloved by landlords and hated/feared by tenants. For what might be relatively minor breaches of covenant, you can lose your lease and the landlord make an enormous windfall. The legislative trend is (slowly) in favour of...
Too soon?
Unusually, this is a published Judicial Review permission decision. Further, Anthony Thornton QC J has 'certified that this judgment may be cited and referred to in other cases or situations. This direction is made pursuant to paragraph 6.1 of the Practice...
Shared ownership, Art 8 and A1P1
The entrepreneurialisation of social housing over the last twenty years has led to a diversity in the types of shared ownership. Of course, the standard leasehold type (what in the old days was called DIYSO) predominates, but there are a multitude of other...
Let’s Not Move to Wales…
...says the RLA. Personally I remain convinced that it is a lovely place and we should all move immediately. Why is the RLA less keen you might well ask. Well, the Welsh Government has today published the White Paper I response to the recent updated Renting...
Night Shelters, dwellings and housing benefit
This a late note on OR -v- Secretary of State for Work and Pensions and Isle of Anglesey CC [2013] UKUT 065 (AAC) because, bluntly, I had read it quickly at the time and overlooked its broader significance. The issue was whether OR could receive housing...
Being civil
Morshead Mansions has been involved in a quite astonishing amount of litigation. Bailii throws up 13 hits (here), cases in the LVT, Lands Tribunal, High Court and Court of Appeal. It's really must be the most awful burden on all those involved. And now,...
The Shape of Things to Come.
In which two [now confirmed as four] Housing Associations behave very badly in anticipation of the benefit cap. Haringey is one of the pilot boroughs for the benefit cap, limiting the total amount of benefit, including housing benefit/LHA (and astonishingly...
When is Article 8 available at the enforcement stage of the eviction process?
In R (JL) v SSD [2013] EWCA Civ 449, the Court of Appeal "broke new ground"* by considering how Article 8 applied to the stage at which possession orders are enforced. Facts JL rented accommodation owned by the Ministry of Defence and had done so since 1989....
Regulatory dilemmas
The Regulatory Committee of the HCA has published Protecting Social Housing Assets in a More Diverse Sector, which is styled as a discussion paper, but which also contains some thought-provoking questions about how regulation can and should work in a much...
Tenants! Be the best that you can be!
At the very beginning of social housing, with the Peabody Estates in the 1860s, prospective tenants faced imposed requirements that we would now consider to be extraneous to the tenancy: Mandatory smallpox vaccinations; curfews; and cleaning rotas before 10...