Sunday Misc.

Some bits and pieces from the weekend… New websites 1 The OPSI and Statute Law Database sites have been combined into one new site for statute: www.legislation.gov.uk. However, the databases are the same and the current estimate is that about 50% of the statute is up to date, in the sense of containing all subsequent […]

Just another brick in the (Sheffield CC v) Wall

Sheffield CC v Wall (by her personal representatives), Wall, Ingham, Butler [2010] EWCA Civ 922, is, on any view, an unusual case. The Court of Appeal didn’t, however, help matters. Imagine, if you will, that, in 1967, Mr Steven Wall was placed with Mrs June Wall, who acted as his foster parent, by Sheffield CC. […]

Continuity of tenancy

London Borough of Lewisham -v- Litchmore. 2 October 2009, Bromley County Court Since the beginning of replacement tenancies on May 2009, there have, rather surprisingly, not been any reports on cases involving the Housing and Regeneration Act 2008 Schedule 11 s.21 – when the new tenancy and the original tenancy are to be treated as […]

Webb v Wandsworth LBC – Take 2

We first noted Webb v LB Wandsworth [2008] EWCA Civ 1643 in November 2008 when it was discussed in an Arden Chambers eflash. Earlier this week, the transcript was finally released. Slightly later this week, it was corrected so as to make sense. Thus, 9 months after the decision, we can finally tell you what […]

Extending the role of the TSA

The Government has just issued a consultation paper (available here) on extending the TSAs regulatory role to local housing authorities. Whilst the document is expressed to be a consultation, the tone of the document suggests that the Government is already minded to take such a step. April 2010 is expressly identified as the likely date […]

Allocations policies: Publication

In R (Boolen) v Barking and Dagenham LBC reported on Lawtel, the Claimant applied for judicial review of the the council’s allocation scheme on the basis that (1) the council had implemented a “local connection” criterion into its prioritisation decisions after bidding had ended, but that local connection criterion was not set out in the […]

Pinnock and Proportionality

The CA have just handed down judgment in Manchester CC v Pinnock[2009] EWCA Civ 852, concerning the evidence that can be taken into account to justify a breach of a demoted tenancy at a review panel, the proper role of the County Court in such a circumstance, and the standard to be applied on a […]

Take it as is or not at all

Ryan v London Borough of Islington [2009] EWCA Civ 578 concerned Ms Ryan’s Right to Buy under Part V Housing Act 1985 and whether or not it had been deemed to be withdrawn. Ms Ryan was the secure tenant of a an Islington property. In January 2003, she served notice of RTB and after two […]

Residing, or merely living, with…

Freeman v London Borough of Islington [2009] EWCA Civ 536 was an appeal to the Court of Appeal from a Circuit Judge’s finding that Ms Freeman was not entitled to succeed to her father’s secure tenancy under s.87 Housing Act 1985. At issue was the definition of ‘has resided with the tenant throughout the period […]

Searching around …

NL set a kind of challenge.  There hasn’t been anything interesting I could find, but there is a kind of footnote to allocations by way of a circular issued by CLG under section 169, Housing Act 1996, to honour a commitment made to members of the armed services and to give guidance on the application […]