Swindon BC v Redpath [2009] EWCA Civ 943 By s.153A(1) Housing Act 1996, a variety of social landlords, including local housing authorities, may apply for an injunction to restrain a person from engaging in "housing-related" anti-social behaviour. That means...
Webb v Wandsworth LBC – Take 2
We first noted Webb v LB Wandsworth [2008] EWCA Civ 1643 in November 2008 when it was discussed in an Arden Chambers eflash. Earlier this week, the transcript was finally released. Slightly later this week, it was corrected so as to make sense. Thus, 9...
Pinnock and Proportionality
The CA have just handed down judgment in Manchester CC v Pinnock[2009] EWCA Civ 852, concerning the evidence that can be taken into account to justify a breach of a demoted tenancy at a review panel, the proper role of the County Court in such a...
What do you want me to do about it?
Noise abatement notices are governed by Part 3, Environmental Protection Act 1990 (as amended). They are not 'pure' housing law but they are frequently used in a housing context, particularly when dealing with noise-related complaints of anti-social...
Mistaken on Undertaking
As a reminder, in case one were needed, that undertakings to the Court in ASB cases should be considered very carefully indeed comes Circle 33 Housing Trust Limited v Kathirkmanathan (2009) CA (Civ Div) 16/7/2009 [Not on Bailii yet, available as note on...
Defamation and anti-social behaviour
Clift v Slough Borough Council [2009] EWHC 1550 considers the extent to which a local authority has an interest or duty to pass on allegations about anti-social behaviour to its employees and contractors for the purposes of the defence of qualified to a...
Not taking the hint
Just a short note about an ASBO case that was decided in the Divisional Court today - Birmingham City Council v Dixon (18.3.09). Imagine, if you will, that a local authority applies for an ASBO against "X". After the application is issued, but before the...
Social Housing on Radio 4
"Analysis" on Radio 4 yesterday was presented by Richard Reeves of Demos and was entitled "Anti-Social Housing." The thesis is that social housing has failed everyone. Thanks to the Iplayer, you can listen online here.
Closure orders
There have been two recent cases on closure orders of passing interest. The first, less important case was reported in The Guardian's Society pages. The hearing appears to have been an amusing event, attended by "a large group of sex workers and their...
North of the border
Glasgow City Council v Mitchell [2009] UKHL 11 This is a Scottish appeal to the House of Lords on the scope of the duties owed - if any - by landlords in respect of the behavior of their tenants. It is a difficult case to read (at least for any English...
Something for the weekend
The House of Lords will be giving judgment in Glasgow CC v Mitchell on Wednesday 18 Feb 09 (link is to a .pdf). This is a case that we've missed so far but, in essence, is about the scope of the duty of care (if any) owed by a landlord to their tenants in...
'We rule the estate'
A local authority's failure to effectively implement the range of sanctions for Anti Social Behaviour is the subject of a report by the Public Service Ombudsman of Wales, Case 200702044 - Conwy County Borough Council. The whole report (there is a link on...