When is a spouse a spouse? We’ll find out

Just a note on a permission to appeal hearing: Northumberland & Durham Property Trust Ltd v Ouaha [2013] EWCA Civ 291 [Not on Bailii yet, noted in the Garden Court Bulletin] A Rent Act tenant died in November 2010. The other occupant was his 16 year old son. The son’s mother, Ms Ouaha claimed to have […]

Asked, but not necessarily answered

After the excitements of Kay v UK, the LSC Judicial Review and the coming into force of (bits) of the Equalities Act – on which we will have a post shortly – there is a bit of a lull before the floods of new housing case law start up again. So, time for another trawl […]

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. […]

The quietus of the tolerated trespasser

Austin v London Borough of Southwark [2010] UKSC 28 It has been a long story for Mr Austin and a long, long, long story for the tolerated trespasser. But this Supreme Court judgment should be the last time the Supreme Court is troubled by the legacy of Thompson v Elmbridge Borough Council [1987] 1 WLR […]

Austin to the Lords

Word reaches us that LB Southwark v Austin (our report on the Court of Appeal here) has been given permission by the House of Lords (or Supreme Court as it will be). It seems that the time of the tolerated trespasser troubling the Lords is not yet over, as the situation in Austin was not […]

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 […]

Southwark v Austin: Request for information

We’ve been contacted by the solicitor for Mr Austin of Southwark v Austin. There is to be an application for permission to go to the House of Lords (or Supreme Court? depending on timing, I suppose). As part of this, they’re looking for indicators of the scale of the issue involved in the case. So […]

Dead and gone

The mopping up of the tail end of tolerated trespasser cases continues. Barry Austin v LB Southwark [2008] EWCA Civ 66 was the Court of Appeal hearing of the appeal from the High Court hearing we noted earlier. The issue at stake was whether Mr Austin would have a right to apply under s.85 HA […]

Right to Buy and suitable alternative accommodation

Where a possession order is sought under Ground 16 Schedule 2 Housing Act 1985 (under-occupation on succession), what happens to the tenant’s right to buy? And is this a factor in weighing the suitability of alternative accommodation and the reasonableness of making an order? Manchester City Council v Benjamin [2008] EWCA Civ 189, a Court […]

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, […]