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Awful title due to NL himself. Mew v Tristmire concerned whether or not two "houseboats" were "dwelling houses let as separate dwellings" as required in section 1 of the Housing Act 1988 in order for them to be assured tenancies. The "houseboats" appear to...
Christina Sharples v Places for People Homes Ltd, Stephen Godfrey v A2 Dominion Homes Ltd [2011] EWCA Civ 813 This is actually two appeals which deal with an important question about insolvency and bankruptcy and whether monies that form part of the...
Jasbir Kaur Kahlon v Andrew Isherwood [2011] EWCA Civ 602 (on Lawtel but not on BAILII yet) UPDATE: Transcript now available on BAILII Schedule 2A of the Housing Act 1988 was inserted by the Housing Act 1996 and supports s19A which was inserted by the same...
Leeds and Yorkshire Housing Association v Vertigan, Court of Appeal, December 9, 2010 (Elias LJ, Norris J, Lawtel note only) Vertigan was the assured shorthold tenant of the claimant. Over the years, it seems that he had done a number of things of which his...
Earlier this year J reported the passage of the Mortgage Repossessions (Protection of Tenants) Act 2010 which comes into force tomorrow (1st October), together with the Dwelling Houses (Execution of Possession Orders by Mortgagees) Regulations 2010 (No....
Hughes v Borodex Ltd. [2010] EWCA Civ 425 This was the Court of Appeal hearing of the appeal from the High Court decision on first appeal that we reported in March 2009. I won't rehearse the facts, which are in the earlier post, but the issue was whether...
Cadogan v Chehab [2009] EWHC 3297 (Admin), (only available on Casetrack) is noted in the current edition of Legal Action, but, so far as I can tell, hasn't been picked up anywhere else. It's only worthy of a short note though, which is set out below. Chehab...
McIntyre & Anor, R (on the application of) v Gentoo Group Ltd [2010] EWHC 5 (Admin) This was the judicial review of North Sunderland Housing Company's refusal to permit an exchange of homes by the Claimants, joint assured tenants, with another NSHC...
News has come our way (circuitously) of a change in practice by London and Quadrant on the use of Ground 8, the mandatory ground for possession on the basis of rent arrears in respect of assured tenancies, from 01 August. Apparently, they will now only use...
According to Inside Housing, not only is L&Q to seek permission to appeal the Court of Appeal decision to the Lords/Supreme Court (and no surprise there) but the G15 group of the largest RSLs in London are potentially backing them, including funding. To...
It might be a small thing next to the likes of Weaver v L&Q, but Hussain v Bradford Community Housing Limited & Kauser [2009] EWCA Civ 763 is worth attention on a technical point. Hussain had a weekly periodic tenancy has joint tenant with Kauser. The weekly...
Avid students of assured tenancies will know that the late Sir Robert Megarry wondered (in his work the Rent Acts) what would happen to a term providing for a mechanism for setting the rent that was written into a fixed term assured tenancy after that...