“A consultation on whether homeowners who have failed to repay consumer credit debts should have accrued a minimum level of debt before a court can order the sale of their home has been released today.”
Ministry of Justice, 5th February 2010
Source: www.justice.gov.uk
“A Englishman’s house may be his castle – but it stills needs to have planning permission, a farmer learned the hard way today.”
The Guardian, 3rd February 2010
Source: www.guardian.co.uk
“Where planning permission had been granted for the erection of a building for storing agricultural products but the building after erection had been used only as a single dwellinghouse, there had been a change of use of the building to that of a dwellinghouse for the purposes of s 171B(2) of the Town and Country Planning Act 1990, and accordingly no enforcement action could be taken after the expiry of a 4–year period.”
WLR Daily, 2nd February 2010
Source: www.lawreports.co.uk
R (Savage) v Hillingdon London Borough Council [2009] EWHC 88 (Admin); [2010] WLR (D) 15
“In the discharge of its duty to provide advice and assistance to an intentionally homeless claimant, the local authority had to apply its policy flexibly and take into account the claimant’s own particular circumstances.”
WLR Daily, 1st February 2010
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“A financier who bought a £1.9m family home on the banks of the Thames is taking the previous owners to court, claiming they failed to warn him that the garden flooded as many as 80 times a year.”
The Independent, 27th January 2010
Source; www.independent.co.uk
“The legality of a Conservative experiment in ‘no-frills’ local government will be challenged in the high court today by more than 250 sheltered housing residents who are furious at their council’s decision to remove live-in wardens to cut costs.”
The Guardian, 2nd December 2009
Source: www.guardian.co.uk
“The current legal challenges facing social landlords: a judge’s perspective – keynote address, Social Housing Law Association Annual Conference 2009 on 27 November 2009.”
Judiciary of England and Wales, 30th November 2009
Source: www.judiciary.gov.uk
“The government is to offer cash rewards of up to £500 to people who report neighbours they suspect are unlawfully subletting their council home.”
The Guardian, 29th November 2009
Source: www.guardian.co.uk
Birmingham City Council v Qasim and others [2009] EWCA Civ 1080; [2009] WLR (D) 301
“The allocation of a secure tenancy and the grant of such a tenancy by a local housing authority were separate concepts, so that where the authority granted a tenancy to a tenant to whom accommodation had been allocated inconsistently with the authority’s allocation scheme, pursuant to Pt VI of the Housing Act 1996, the tenancy was not thereby rendered void or ineffective.”
WLR Daily, 19th October 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Swindon Borough Council v Redpath [2009] EWCA Civ 943; [2009] WLR (D) 290
“For the purposes of an application for an anti-social behaviour injunction by a local authority under s 153A of the Housing Act 1996, the term “housing-related” in that section was to be given a broad rather than a narrow interpretation, so that the victims of such conduct need not be residents of local authority accommodation or their visitors or those engaged in lawful activity in such premises.”
WLR Daily, 11th September 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
De-Winter Heald and others v Brent London Borough Council [2009] EWCA Civ 930; [2009] WLR (D) 289
“Local housing authorities were entitled to contract out some or all of the reviews they were required to carry out under s 202 of the Housing Act 1996.”
WLR Daily, 4th September 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“In a claim by a public landlord for a possession order against its demoted tenant, the jurisdiction of the county court was limited to considering whether the procedure for bringing the possession claim had been complied with and to making or declining to make the possession order; it had no power to review the decision of the review panel of the public landlord as to whether the decision was proportionate or compatible with the tenant’s human rights.”
WLR Daily, 3rd August 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Central Bedfordshire Council v Housing Action Zone Ltd and Others
Court of Appeal
“On a judicial review of the reasonableness of a local authority’s decision to seek possession of land with unauthorised occupiers, the county court could look at a series of decisions including one made at the time of the hearing. If any one of the series could be shown to be unreasonable it could be challenged. The court should go beyond the pure rationality test.”
The Times, 23rd July 2009
Source: www.timesonline.co.uk
“Justice Minister Bridget Prentice has made a statement about the government response to the Law Commission’s Report on Housing: Proportionate Dispute Resolution.”
Ministry of Justice, 16th July 2009
Source: www.justice.gov.uk
“The Law Commission welcomes the Government’s response to its report on housing disputes.”
Law Commission, 16th July 2009
Source: www.lawcom.gov.uk
“A council tenant is planning to sue her local authority following the discovery of asbestos in her south London home.”
BBC News, 9th July 2009
Source: www.bbc.co.uk
“In determining whether a decision by a local authority to seek possession of land where there were unauthorised occupiers was reasonable, the county court could look at a series of decisions taken by the authority including any decision to continue with the proceedings taken at the time of the hearing. Any one of the series could be challenged if shown to be unreasonable. The court should go beyond a pure rationality test and look at facts concerning the personal circumstances of the occupiers known to the local authority at the time of the relevant decision.”
WLR Daily, 3rd July 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Regina (Aweys and Others) v Birmingham City Council; Moran v Manchester City Council
House of Lords
“A local housing authority had been entitled to decide that overcrowded families were homeless but to leave them there in the short term; it was a question of fact what term was too long.”
The Times, 7th July 2009
Source: www.timesonline.co.uk
“Although it had not been reasonable for families to remain in their current accommodation indefinitely, the local housing authority had been entitled to leave them there in the short term, it being a question of fact whether the period was too long, but the authority had not been entitled to rely on its allocation policy to fulfil its duty. It had not been reasonable for a woman to continue to occupy a women’s refuge indefinitely, and she had accordingly remained “homeless” under the Housing Act 1996.”
WLR Daily, 1st July 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“On the facts of the particular case, a registered social landlord was a hybrid public authority and the act of terminating the tenancy of its assured tenant was not a private act and was susceptible to judicial review.”
WLR Daily, 19th June 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
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