.... or something to that effect, is what I imagine HHJ Purle QC said when he got the papers in Pick (Trustee in bankruptcy of Sharon Sumpter) v Sharon Sumpter & George Sumpter, Chancery Division, 3.2.10 - Lawtel note only The claimant, as trustee in...
Tenancy Deposit Protection on Sale and Leaseback
A recent case promises to be the first to the Court of Appeal on the issue of tenancy deposit protection.
Unwelcome in the valleys
While we are in Wales and with thanks to the Garden Court housing bulletin, we report an Ombudsman's decision Complaint against Cardiff CC 200702358 [pdf] Mr Davies and Miss Brown complained about Cardiff Council's failure to deal with noise nuisance and...
Of Car Parks, Caravans and Councillor's commitments
The City & Council of Swansea v Christine Joyce (and others) Cardiff District Registry, Chancery Division 31 March 2009 7CF30099 This is an example of a post Doherty public law defence at first hearing, and one that succeeded where an alternative defence of...
L & Q Change Practice on Ground 8
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...
"Unauthorised tenancies": New Consultation
I have found myself unaccountably lethargic post-lunch, so when the Chief put us on to the new DCLoG consultation document on "unauthorised tenancies" I jumped at the opportunity to post on it. It's a beautifully produced document with lots of pictures,...
Two homes, two MPs and an EDMO
EDMOs, a remarkable power given to local authorities under Housing Act 2004 to take control of an abandoned or unused residential property and let it (and charge the owner for most of the related costs of doing so), have been used remarkably rarely - I am...
Kay re-stated
And the question of what Doherty actually means rumbles on. Central Bedfordshire Council v Taylor & Ors [2009] EWCA Civ 613 was the Court of Appeal hearing of an appeal from a Circuit Judge's decision to make an outright possession order and, in particular,...
RSL meet HRA, HRA meet RSL
Well, well, well. Or perhaps well, well, oh heck. The Court of Appeal has handed down its judgment in R (Weaver) v London & Quadrant Housing Trust [2009] EWCA Civ 587 and, by a majority, L&Q have lost. It will be remembered that Mrs Weaver was a...
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...
Weaver v L&Q Newsflash
R(Weaver) v London & Quadrant [2009] EWCA Civ 587 is out (link to doc of the judgment thanks to Garden Court) This was the Court of Appeal hearing of L&Q's appeal of the High Court finding that it was a public authority in its housing function,...
Proposed separation of fact and law…
The DCLG have issued a consultation paper on 'dispute resolution' under the (to be) amended Mobile Homes Act 1983 (which will also have effect for Travellers) The consultation paper can be downloaded from us [PDF]. How to respond is at the back of the...