Disability and tenancy – More on Malcolm

I posted on Lewisham v Malcolm ten days ago. Since then a couple of commentors have raised issues and Tessa has posted on the implications of the case at Landlord Law. So it seemed worth a further look. The caveat is that what follows is my understanding of the Judgment and so is entirely capable […]

Possession claims dropping? Not all.

The latest figures, up to Quarter 2 2007 are available on the Ministry of Justice site, link to the PDF. The figures show quite a drop in the Q2 figures for non-accelerated possession claims issued (including claims by Councils and Housing Associations) compared to Q2 2006: Q2 2006 32,465 Q2 2007 28,661 The figures for […]

Catching up – Disability Discrimination and possession

Time for some substantive law at last. I missed this one while I was on holiday and have just had it brought to my attention. LB Lewisham -v- Malcolm & Disability Rights Commission (Intervener) [2007] EWCA Civ 763. A very interesting case on the application of the Disability Discrimination Act 1995 to a possession case, […]

Public funding and rent payable

I meant to post about this one a month ago but got sidetracked. A case for any civil legal aid people to note. Funding Certificates are means-tested. Funding issued by practioners under devloved powers can be and is yanked by the Legal Services Commission if they later calculate the client as outside the eligible range. […]

Waxed Moustaches

I caught someone from the National Citizens Advice Bureau on BBC Breakfast this morning, commenting on a CAB report on the large number of people in private rented properties in bad condition who are promptly evicted if they complain or do anything about the disrepair. Anecdotally, I’d certainly support this. We do hear from quite […]

Riverside Housing v White, House of Lords

The Court of Appeal judgment in Riverside suggested that if rent increases hadn’t been levied pretty much exactly as per any provision in the tenancy agreement, those increases were invalid. Riverside had levied rent increases later than the date specified in the tenancy agreement. This was a rent arrears possession case and the arrears were […]

More on London & Quadrant v Ansell

Musing over the Court of Appeal judgment ([2007] EWCA Civ 236) today, it struck me that the case does something rather dramatic to the issue of tolerated trespassers, extending the thrust of Swindon v Aston [2003] HLR 610. What we knew from Swindon v Aston was that a tolerated trespasser could not apply to the […]

Permanent trespassers and enforceable possession orders.

I was scanning the Court of Appeal judgments, waiting for White v Knowsley, when this came up: London & Quadrant Housing Trust v Ansell [2007] EWCA Civ 326 Now that is interesting. Not so much for the conclusion – although the argument is imaginative – but for unappealed County Court findings and obiter by the […]

What do we do with a problem like Ground 8?

To those not acquainted with housing law, Ground 8 is one of the mandatory grounds for possession of an assured tenancy listed in Housing Act 1988 Schedule 2. It forms one of the major differences between an assured tenancy (typically Housing Association/Registered Social Landlord) and a secure tenancy (typically Local Authority). As the wholesale transfers […]