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. […]

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, subject to judicial review and the HRA. Result – L&Q […]

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 document, but responses are required by 9 June 2009 (!) Amongst […]

Tenancy Deposit – variations on a theme

Legal Action May 09 housing updates contain a few tenancy deposit cases, which further muddy the waters… Seghier v Rollings, Bow County Court, 6 March 2009. An assured shorthold beginning in May 2007. A deposit was paid by Mr Seghier to the letting agent before the start of the tenancy. It was not protected, nor […]

Looking at it from all angles

Whitehouse v Lee [2009] EWCA Civ 375 is a rare beast – a successful appeal against a decision on reasonableness in the context of possession proceedings. However, it merits close attention not only for its rarity, but because it also reminds us of how to properly consider whether it is “reasonable” to make an order […]

O(L)ivers Army

Defence Estates v L and another, High Court (Administrative Court, Collins J, 5.5.09) [2009] All ER (D) 20 (May) is – potentially – quite an important case on the ongoing Qazi/Kay/Doherty/Connors/McCann/Cosic debate about the role of Article 8 in possession proceedings. The only report of the judgement is from the All ER note, which isn’t […]

Outright orders and drug offences

Knowsley Housing Trust v Prescott & Prescott [2009] EWHC 924 (QB) Mr & Mrs Prescott were the assured tenants of Knowsley Housing Trust and had been since 2002. On 11 April 2006, Mr Prescott pleaded guilty to charges relating to the supply of cocaine and amphetamines. He was sentenced to 8 years imprisonment. The Housing […]

Request for info

Garden Court’s bulletin of 27 April includes a case note, Thornhill v Sita Metal Recycling Cambridge Ltd [2009] All ER (D) 162, on nuisance, possession of and interest in land. The upshot being that the nature of a claimant’s legal interest in land is by the by for a claim in nuisance, assuming that they […]

Do not pass Go

Cambridge City Council v Joyce No link for this one, but it was noted on Lawtel this morning and has been reported as [2009] All ER (D) 234 (Feb).  Mr Joyce was a secure tenant of one of Cambridge’s properties.  His tenancy contained conditions not to harass anyone or to do anything on or around […]

With friends like these…

Cheval Bridging Finance Ltd v Bhasin and others [2009] EWCA Civ 1613. Mrs Bhasin had lived at 9 Long Acre Drive since May 1975. Initially, she was a tenant of the local authority but, in c.1988, she purchased the property under the “Right To Buy” scheme and it was registered in her sole name. Some […]