Category: housing

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

The Battle for Trevalga: residents win partial victory in fight to stop public school selling hamlet – Daily Telegraph

Posted September 13th, 2010 in housing, land registration, news, trusts, wills by sally

“A tiny Cornish community has won a partial victory in its fight against a leading public school.”

Daily Telegraph, 12th September 2010

Source: www.telegraph.co.uk

Review of FA national football centre Burton homes plan – BBC News

Posted September 3rd, 2010 in housing, judicial review, local government, news, planning, sport by sally

“A claim for a judicial review has been lodged into a council’s decision to give planning consent for the National Football Centre in Staffordshire.”

Sheffield City Council v Wall and others; [2010] EWCA Civ 922; [2010] WLR (D) 221

BBC News, 2nd September 2010

Source: www.bbc.co.uk

Sheffield City Council v Wall and others – WLR Daily

Posted August 3rd, 2010 in appeals, fostering, housing, law reports, local government by sally

“The foster son of a late council tenant was not entitled to succeed to the tenancy under the Housing Act 1985.”

WLR Daily, 2nd August 2010

Lekpo-Bozua v Hackney London Borough Council (Secretary of State for Communities and Local Government intervening) [2010] EWCA Civ 909; [2010] WLR (D) 208

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Lekpo-Bozua v Hackney London Borough Council (Secretary of State for Communities and Local Government intervening) – WLR Daily

Posted July 30th, 2010 in appeals, children, homelessness, housing, immigration, law reports, local government by sally

“An applicant for accommodation could establish a priority need under the Housing Act 1996 because a dependent child was residing with her, where the dependent child was an European Economic Area national from abroad, even though the child did not have a permanent right to reside but was subject to immigration control, but the housing authority’s duty was then the restricted duty provided for under s 193(7AA) of the 1996 Act as amended. Under either the amended or unamended provisions the duty would have been the full duty had the dependent child had a right of permanent residence in the United Kingdom. Moreover, a failure by the host member state to enforce the removal of the dependent child after three months did not graduate by waiver to her acquiring a permanent right to residence.”

WLR Daily, 28th July 2010

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Woman loses court battle over garden access – The Independent

Posted July 9th, 2010 in housing, news by sally

“Successful hedge fund chief Mina Gerowin Herrmann today lost around £150,000 trying to get into the garden of her London square home. High Court judge Sir William Blackburne threw out her and her husband’s claim against the Royal Borough of Kensington and the committee which refused the couple a key to the exclusive amenity surrounded by railings.”

The Independent, 9th July 2010

Ravichandran and another v Lewisham London Borough Council [2010] EWCA Civ 755; [2010] WLR (D) 170

Ravichandran and another v Lewisham London Borough Council – WLR Daily

Posted July 6th, 2010 in appeals, housing, judicial review, law reports, local government by sally

“An offer of accommodation made by a local authority in discharge of its housing duty under s 193(7) of the Housing Act 1996 had two requirements: the accommodation had to be suitable and the offer reasonable for the applicant to accept. It was desirable that a review of the suitability requirement and of the reasonableness requirement took place at the same time as any review of the decision of the authority as to the discharge of its duty. In that case there would be no right of further review. If reviews occurred at different times any relevant matters which existed before an offer of accommodation had been refused but which had not been taken into account then had to be taken into account when the local authority came to review its decision that it no longer owed a duty.”

WLR Daily, 5th July 2010

Metropolitan Housing Trust v Hadjazi [2010] EWCA Civ 750; [2010] WLR (D) 167

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Metropolitan Housing Trust v Hadjazi – WLR Daily

Posted July 5th, 2010 in appeals, domestic violence, housing, law reports, repossession by sally

“The jurisdiction of the court to grant a social landlord a possession order against an assured tenant, the husband, under ground 14A in Pt II of Sch 2 to the Housing Act 1988 on the basis of the husband’s domestic violence or threat of violence against the wife, extended to violence and threats proved to have taken place after the husband had left the dwelling house to live temporarily elsewhere.”

WLR Daily, 2nd July 2010

Austin v Southwark London Borough Council [2010] UKSC 28; [2010] WLR (D) 156

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Austin v Southwark London Borough Council – WLR Daily

Posted June 25th, 2010 in housing, landlord & tenant, law reports, local government, repossession, Supreme Court by sally

“The right of a ‘tolerated trespasser’, a person continuing to occupy his rented home following a breach of the terms of a conditional suspended possession order, to apply to the court for postponement of the date for possession to enable him to remedy the default and revive the secure tenancy, under s 85(2) of the Housing Act 1985, survived his death and could, consequently, be exercised by his personal representative.”

WLR Daily, 24th June 2010

In re A (Children) (Abduction: Interim Powers) [2010] EWCA Civ 586; [2010] WLR (D) 139

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

In re A (Children) (Abduction: Interim Powers) – WLR Daily

Posted June 3rd, 2010 in child abduction, housing, law reports, local government by sally

“S 5 of the Child Abduction and Custody Act 1985 permitted a court to give directions to a local authority to provide accommodation for the abductor and abducted children.”

WLR Daily, 28th May 2010

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Home information packs suspended – Law Society’s Gazette

Posted May 20th, 2010 in home information packs, housing, news by sally

“After a week in office, the new coalition government today announced that the requirement for home sellers to provide home information packs will be suspended pending primary legislation to abolish them entirely.”

Regina (Clue) v Birmingham City Council and another (Shelter intervening) [2010] EWCA Civ 460; [2010] WLR (D) 109

Law Society’s Gazette, 20th May 2010

Source: www.lawgazette.co.uk

Regina (Clue) v Birmingham City Council and another (Shelter intervening) – WLR Daily

Posted May 4th, 2010 in appeals, children, housing, immigration, law reports, local government by sally

“Apart from hopeless or abusive cases, a local authority faced with an application for support and accommodation pending the determination of an arguable application for leave to remain on human rights grounds, should not refuse assistance if that would have the effect of requiring the person to leave the United Kingdom thereby forfeiting his claim.”

WLR Daily, 30th April 2010

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Millionaire wins battle to build eco home on own island – The Independent

Posted April 29th, 2010 in appeals, environmental protection, housing, news, planning by sally

“A millionaire has won a fight with planners to build a luxury eco-home on his own south coast island.”

The Independent, 29th April 2010

R v Modjiri [2010] EWCA Crim 829; [2010] WLR (D) 99

R v Modjiri – WLR Daily

Posted April 26th, 2010 in appeals, confiscation, housing, law reports, proceeds of crime by sally

“The concern of s 79(3) of the Proceeds of Crime Act 2002 is limited to the valuation of property and does not extend to the realisation of property, so that it does not have to be assumed that a beneficial interest in property has to be sold separately from the property and, for the purposes of making a confiscation order, the correct basis on which to proceed is to take into account the due proportion of the proceeds which the defendant would receive on sale of the property.”

WLR Daily, 23rd April 2010

Salford City Council v Mullen: Hounslow London Borough Council v Hall; Leeds City Council v Hall; Birmingham City Council v Frisby; Manchester City Council v Mushin (Secretary of State for Communities and Local Government intervening) [2010] EWCA Civ 336; [2010] WLR (D) 91

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Salford City Council v Mullen; Hounslow London Borough Council v Hall; Leeds City Council v Hall: Birmingham City Council v Frisby: Manchester City Council v Mushin (Secretary of State for Communities and Local Government intervening) – WLR Daily

Posted April 8th, 2010 in appeals, county courts, housing, law reports, local government, repossession by sally

“Guidance for county courts hearing applications for possession orders by local authority landlords of non-secure tenancies where the occupier, being an introductory tenant or a homeless person housed by the local authority, sought to challenge the local authority’s decision to recover possession as an improper exercise of its powers at common law on the ground that it was a decision that no reasonable person would consider justifiable.”

WLR Daily, 7th April 2010

Ali and another v Birmingham City Council (Secretary of State for Communities and Local Government intervening) [2010] UKSC 8; [2010] WLR (D) 86

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Ali and another v Birmingham City Council (Secretary of State for Communities and Local Government intervening) – WLR Daily

Posted March 24th, 2010 in homelessness, housing, law reports, local government, Supreme Court by sally

“A local housing authority’s duty, under section 193 of the Housing Act 1996, to secure that accommodation be made available for an unintentionally homeless person who had a priority need did not give the homeless person a ‘civil right’ within the meaning of art 6(1) of the European Convention for the Protection of Human Rights and Fundamental Freedoms because the provision of appropriate accommodation was dependent upon the exercise of evaluative judgments by the local authority as to whether the statutory criteria had been satisfied and how the homeless person’s need ought to be met.”

WLR Daily, 23rd March 2010

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Woman loses legal battle to keep pet dog – The Independent

Posted March 18th, 2010 in disability discrimination, dogs, housing, news by sally

“A woman who says her dog is the reason for getting up in the morning lost a legal battle today to be allowed to keep pet Alfie at her housing association flat.”

The Independent, 17th March 2010

Woman ordered to quit 92-year-old mother’s home – The Independent

Posted March 17th, 2010 in housing, news, repossession by sally

“A court today ordered a 60-year-old woman to leave the home of the 92-year-old mother she has not spoken to for eight years.”

The Independent, 17th March 2010

Regina (Coombes) v Waltham Forest London Borough Council and another [2010] WLR (D) 70

Regina (Coombes) v Waltham Forest London Borough Council and another – WLR Daily

Posted March 11th, 2010 in declarations of incompatibility, housing, law reports, local government, repossession by sally

“S 3 of the Eviction Act 1977 was not incompatible with arts 6 and 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 10th March 2010

Barber v Croydon London Borough Council – WLR Daily [2010] EWCA Civ 51; [2010] WLR (D) 39

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Barber v Croydon London Borough Council – WLR Daily

Posted February 16th, 2010 in ASBOs, housing, mental health by sally

“A local housing authority had acted unreasonably in seeking possession against a mentally impaired tenant for anti-social behaviour when it failed to take into account the possibility that the tenant’s mental impairment might have given rise to his behaviour. However, the fact that the tenant had successfully advanced a public law defence in a private law action meant that the council would not be preventing from bringing a fresh possession action if on reconsideration it felt it was merited.”

WLR Daily, 16th February 2010