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...
Costs on conceded appeals
We had noted City of Westminster v Man [2009] EWCA Civ 236 when it was a permission to appeal hearing. Just a bit late, we have found the outcome. The issue was whether an interim costs order, on an application I think, was payable where proceedings as a...
"Something of a mess"
We first noted Defence Estates v L and another [2009] EWHC 1049 (Admin) a few weeks ago and now the transcript is available. The history L was married to an army officer. He was a violent alcoholic who abused both his wife and their daughters. In 1989 he...
Tumbleweed
It's not that we've stopped posting lately, it's just that there has been nothing to write about. There is lots to come - Weaver v L&Q in the Court of Appeal, Moran v Manchester, Aweys v Birmingham in the Lords (all heard, I believe, and judgments awaited);...
Harvey v Bamforth – now with the benefit of a transcript
Harvey v Bamforth 8PA13344, HHJ Bullimore, Sheffield County Court, 8 Aug 2008 When we first commented on this case (here) we provoked quite a response. Thanks to to Mr Jones of Bury Walkers (who acted for Ms Harvey) we have now been provied with a transcript...
A shameless plug: HLPA Conference 10 Dec 2008
The Housing Law Practitioners' Association annual conference is being held on the 10th December 2008 at the Royal Institute of British Architects, London. Those of you who subscribe to Legal Action should already have had your application forms, but, for...
Comments on Malcolm in the Lords
Oh dear, oh dear. That could have gone better. I'm not going to go into great detail on the five separate judgments from the House of Lords in LB Lewisham v Malcolm [2008] UKHL 43, but I do want to look at where it leaves us and what the problems are with...
Children Act – housing and education
C, R (on the application of) v London Borough of Lambeth [2008] EWHC 1230 (Admin) is, in the end, mainly concerned with education, but there is quite a bit of interest to housing people. The issue was the duties owed to the Claimant under s.23 and s.24...
HB as rent for RTB
Hanoman v London Borough of Southwark [2008] EWCA Civ 624 Where a local authority landlord has failed to respond to a tenant's notice in time under the Right to Buy procedure, the tenant can serve an 'operative notice of delay' under s.153A(5) Housing Act...
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...
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...
Suitability and marital harmony
Ahad v London Borough of Tower Hamlets [2008] EWCA Civ 606 was an application for permission to appeal from a s.204 appeal concerning a refusal of an offer of permanent accommodation. Tower Hamlets had discharged duty on the basis that the appellant had...