Southwark v Austin: Request for information

We’ve been contacted by the solicitor for Mr Austin of Southwark v Austin. There is to be an application for permission to go to the House of Lords (or Supreme Court? depending on timing, I suppose). As part of this, they’re looking for indicators of the scale of the issue involved in the case. So […]

Dead and gone

The mopping up of the tail end of tolerated trespasser cases continues. Barry Austin v LB Southwark [2008] EWCA Civ 66 was the Court of Appeal hearing of the appeal from the High Court hearing we noted earlier. The issue at stake was whether Mr Austin would have a right to apply under s.85 HA […]

Bankruptcy and disrepair

In the end, I couldn’t resist writing this one up from the report in January 09’s LAG updates. It is a very late report and only a County Court decision, but is a) just too topical for these insolvent times and b) vaguely technically interesting. Lambeth LBC v Grazette (Lambeth County Court 7 November 2008) […]

Knowsley v White etc. in more detail

Knowsley HT v White, Honeyghan-Green v LB Islington & Porter v Shepherds Bush Housing Association [2008] UKHL 70 –  for anyone who hasn’t read it yet. There is lots to unpick here, so I’ll go case by case. It is made easier by there being pretty much one judgment, that of Lord Neuberger. The other […]

When does enforceability end?

Or, to be precise, when does a Suspended Possession Order for rent arrears cease to be enforceable? In broad terms, the answer is clear – when all sums due under the order have been paid off. But when is that? After Marshall v Bradford MC, it is vital for a .s85 application to revive tenancy […]

S.85 Application Randomness

We’ve been doing quite a few s.85 revival of tenancy applications recently, mostly successful. Where arrears have been paid off, our usual line is that no specific payments have been made for court costs and that court costs have not been added to the arrears. As the costs are outstanding, the Suspended Possession order has […]