Don’t try this at home

Gibson v Douglas & Anor [2016] EWCA Civ 1266 In which the court of appeal almost but not quite consider the notice requirements for licencees excluded from the Protection from Eviction Act 1977 Mr G had been living at Mrs D’s property, which she also occupied since 2008 or 2009. He claimed housing benefit for […]

Monk silenced

Sims v Dacorum Borough Council [2014] UKSC 63 If there is a positive to take from this, it is that it is a Supreme Court judgment that won’t take long to discuss. The issue of the rule in Monk that notice by one joint tenant determines the whole tenancy came before the Court, on the […]

Ending it all. Or not.

A question on tenant’s notice to quit, to keep minds occupied during the silly season. Fareham BC v Miller [2013] EWCA Civ 159. (our report here) states in no uncertain terms that the common law position is that a landlord’s notice to quit is irrevocable once served. 30. As a matter of law it was […]

Home, realistically and objectively

London Borough of Islington v Boyle & Anor [2011] EWCA Civ 1450 This rather sad case was Islington’s appeal on the issue of whether Ms Boyle was occupying the flat she had under a secure tenancy as her ‘sole or principal home’. It is a highly significant case in which the Court of Appeal gives […]

Co-ops, equity and void leases

Berrisford v Mexfield Housing Co-Operative Ltd [2010] EWCA Civ 811 We reported on the High Court appeal in this case here. By the time it reached the Court of Appeal it had turned into quite a different case altogether. At the High Court, Ms Berrisford was unrepresented and summary judgment was given against her on […]

Well, You Needn’t*

Poplar Housing and Regeneration Community Housing Association Limited (Poplar Harca) v Stephen Howe [2010] EWHC 1745 (QB) When we reported on Lana Wilson v London Borough of Harrow [2010] EWHC 1574 (QB) two weeks ago, we noted that another application for permission to appeal on the issue of the rule in LB of Hammersmith and […]

The Monk habit

Lana Wilson v London Borough of Harrow [2010] EWHC 1574 (QB) This was the combined permission/appeal hearing in the High Court from a first instance hearing by a CJ of a defence to a possession claim based on an NTQ served by a joint tenant. The principal ground of appeal was a further argument that […]

Pick a date, any date

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 period ended on a Friday of each week. […]

An inconvenient problem

There were lots of good intentions behind the SI making clear that 16/17 year olds are in priority need (The Homelessness (Priority Need for Accommodation) (England) Order 2002 (SI 2002 /2051)). But as a few have pointed out in recent years, there might be consequences because of the capacity requirements of property law. Well, in Alexander-David […]