Considering suspension of possession for ASB

London Borough of Lambeth v Debrah [2007] EWCA Civ 1503 was an application for permission to appeal a Circuit Judge judgment giving an order for possession, which was not suspended or stayed. The appeal was not against the order, but the refusal to suspend. The case was an ASB possession order. There had been serious […]

Suddenly…

there are quite a few cases to cover. Ahmad, R (on the application of) v London Borough of Newham [2008] EWCA Civ 140  on determining priority in allocation schemes. G, R (on the application of) v London Borough of Southwark [2007] EWCA Civ 1506  on accommodation under s.20 Children Act 1989. London Borough of Lambeth […]

Disability discrimination – the comparator

Following on from the previous post, and the detailed discussions that took place in the comments to that post, I wanted to try to clarify for myself the key element of establishing discrimination, which hopefully may be of use for others. In particular, I want to address who is the comparator against whom the treatment […]

On impotent landlords and disability.

There are a couple of articles in the latest Journal of Housing Law (Vol 11, issue 1 2008) on Malcolm v London Borough of Lewisham and the effect of the Disability Discrimination Act 1995 on possession orders. I’d say the articles are of varying interest. (My previous posts on Malcolm v Lewisham are here and […]

Hey, you asked…

For some of us internet old timers, who were on usenet before the WWW existed and were hand coding websites in the mid 1990s, it is still a surprise how people treat search engines as something to put a fully fledged question into. January has been a bumper month for searches arriving at this site […]

Human Rights and Possession Claims – looking for the exception

The latest case to test the Connors, Kay and Doherty formulations on human rights defences to possession cases (see here for previous post, including the comments) has just had its Court of Appeal judgment released. I would assume that Smith (On Behalf of the Gypsy Council) v Buckland [2007] EWCA Civ 1318 is a way-station […]

Extending security by tenancy agreement?

[Edit, time slightly later on. In the comments to her post Tessa suggests that the case discussed below was not a judgment at all but merely adjourned from the undefended list for a hearing of the issues. So none of what follows is of much significance.] A very interesting post over on Landlord Law by […]

All back to mine

After yesterday’s note, an all too brief comment on an interesting Court of Appeal case defended by the firm of a regular reader/commenter, William Flack of Flack & Co. Wandsworth v Randall [2007] EWCA Civ 1126 The situation – son succeeds to a parent’s secure tenancy on their death. The son is, at that point, […]

Housing case flood

Just a note. Comments to follow, asap. Court of Appeal: Wandsworth v Randall [2007] EWCA Civ 1126 Succession and possession for under-occupation. London Borough of Southwark v Dennett [2007] EWCA Civ 1091 Right to Buy, Delay and Misfeasance in Public Office Administrative Court: Casey, R (on the application of) v Restormel Borough Council [2007] EWHC […]

Convicted – Evicted

Raglan Housing Association Ltd v Fairclough [2007] EWCA Civ 1087. Basically, Housing Act 1988 Schedule 2 Ground 14 (b) means that if if you have been convicted of an indictable offence committed in, or in the locality of, the dwelling-house the discretionary ground for possession is made out, regardless of whether you were a tenant, […]