“Sheila Hamilton Macdonald, barrister, examines the implications of the Court of Appeal judgment in Thompson v Hurst; a cohabitee property dispute in which the property had been registered in the name of only one of the cohabitees.”
Family Law Week, 16th May 2013
Source: www.familylawweek.co.uk
Hotak v Southwark London Borough Council [2013] EWCA Civ 515; [2013] WLR (D) 180
“When assessing an applicant’s priority need for accommodation under section 189(1)(c) of the Housing Act 1996 the local housing authority was entitled to consider evidence of personal support and assistance provided by a family member which would continue should the applicant become street homeless. The weight to be given to the evidence was a separate and important consideration. The reviewing officer was required to assess the vulnerability of the applicant as it would be when he was made homeless.”
WLR Daily, 15th May 2013
Source: www.iclr.co.uk
“This a late note on OR -v- Secretary of State for Work and Pensions and Isle of Anglesey CC [2013] UKUT 065 (AAC) because, bluntly, I had read it quickly at the time and overlooked its broader significance.”
NearlyLegal, 19th May 2013
Source: www.nearlylegal.co.uk
“Hotak v Southwark LBC [2013] EWCA Civ 515 concerned a short point on whether an authority was entitled to have regard to the assistance that a homeless person would receive, in the event he became homeless, when determining whether he was vulnerable or not.”
NearlyLegal, 15th May 2013
Source: www.nearlylegal.co.uk
“The Court of Appeal has dismissed a claim for leasehold enfranchisement by the occupiers of a mixed-use property, ruling that the property, part of which had been converted into a flat against the landlord’s wishes, was not a ‘house reasonably so called.”
OUT-LAW.com, 14th May 2013
Source: www.out-law.com
“A legal test is set to begin into the government’s decision to cut housing benefit for recipients living in properties that have a spare room.”
BBC News, 15th May 2013
Source: www.bbc.co.uk
“The Leasehold Reform Act 1967 gives qualifying long leaseholders of houses the right, inter alia, to acquire the freehold. The definition of ‘house’ is quite technical, but, in essence, it turns on whether it could reasonably be called a house (even if it could reasonably be called something else). There is a quite eye-watering amount of law on this issue, most recently Day v Hosebay Ltd; Howard de Walden v Lexgorge [2012] UKSC 41.”
NearlyLegal, 12th May 2013
Source: www.nearlylegal.co.uk
SL (FC) (Respondent) v Westminster City Council (Appellant) [2013] UKSC 27 | UKSC 2011/0229 (YouTube)
Supreme Court, 9th May 2013
Regina (JL) v Secretary of State for Defence [2013] EWCA Civ 449; [2013] WLR (D) 161
The occupant of a house was entitled to rely upon article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, entitling the occupant to a proportionality review, by way of opposition to the enforcement of a possession order already obtained by the owner in the exceptional circumstances where there had been a substantial change of circumstances which gave rise for the first time to an article 8 issue which neither was nor could have been pursued prior to the making of the possession order.
WLR Daily, 30th April 2013
Source: www.iclr.co.uk
“The Regulatory Committee of the HCA has published Protecting Social Housing Assets in a More Diverse Sector, which is styled as a discussion paper, but which also contains some thought-provoking questions about how regulation can and should work in a much diversified, increasingly risky and entrepreneurial social housing domain. We are working in an environment which is almost unrecognisable from what it was in the 1990s and perhaps even just a few years ago. This creates regulatory dilemmas about how best to protect assets in the most proportionate manner (a familiar dilemma, and one which does not seem to have been particularly affected by the financial crash, one might think).”
NearlyLegal, 30th April 2013
Source: www.nearlylegal.co.uk
“At the very beginning of social housing, with the Peabody Estates in the 1860s, prospective tenants faced imposed requirements that we would now consider to be extraneous to the tenancy: Mandatory smallpox vaccinations; curfews; and cleaning rotas before 10 am for communal areas, sinks and WCs. But even the Victorian paternalists didn’t lower themselves to the patronising, small minded and teeth-grindingly passive-aggressive approach apparently in vogue for 21st century social landlords.”
NearlyLegal, 29th April 2013
Source: www.nearlylegal.co.uk
“Whether a property can be considered as a residential ‘flat’ for the purposes of
property litigation will depend on how it is actually used, a county court has
ruled.”
OUT-LAW.com, 24th April 2013
Source: www.out-law.com
“Lane v Kensington & Chelsea Royal London Borough Council (19 April 2013) – extempore judgement by Sir Raymond Jack QBD.”
UK Human Rights Blog, 25th April 2013
Source: www.ukhumanrightsblog.com
“A High Court judge has opened the way for a City trader to build an underground
swimming pool at his London home, despite objections from a string of
high-profile neighbours, including Sir Victor Blank, the former banker, and
Richard Madeley, the television presenter.”
Daily Telegraph, 25th April 2013
Source: www.telegraph.co.uk
“The concept of the tolerated trespasser came about as a result of London Borough of Brent v Burrows [1996] 1 WLR 1448. It is a concept familiar to housing lawyers, and one whose demise was little mourned. It caused much argument, litigation and confusion in housing law. The amendments introduced by the Housing and Regeneration Act 2008 were intended (by ensuring that a secure tenancy did not come to an end before execution of any possession order) to be the final nail on the coffin of the tolerated trespasser. As a concept, they would no longer exist.”
Full story (PDF)
Zenith Chambers, 23rd April 2013
Source: www.zenithchambers.co.uk
Reeves (Listing Officer) v Northrop: [2013] EWCA Civ 362; [2013] WLR (D) 141
“In determining whether occupation of a houseboat was rateable the Valuation Tribunal had fallen into error by failing to treat duration of occupation as an important factor in its assessment.”
WLR Daily, 17th April 2013
Source: www.iclr.co.uk
“Randy Northrop is a Californian and a wanderer in spirit. He lives with his family aboard MY Cannis – see the pic. He got fed up of ‘living in a grotty council house in a rough area’ of Bristol, so bought and renovated this former Thames tug. And nice inside it sounds too – two open fireplaces, several flat screen TVs, a music room and grand piano.”
UK Human Rights Blog, 18th April 2013
Source: www.ukhumanrightsblog.com
“We are all aware that there is no general entitlement to permanent accommodation via the Part VII route (R v Brent ex p Awua). So it is interesting to find a s.204 appeal where it was argued that the Appellant had a legitimate expectation of permanent accommodation in preference to anything else that the Council might offer.”
NearlyLegal, 17th April 2013
Source: www.nearlylegal.co.uk
“The duty that local authorities have to accommodate homeless applicants in priority need is well established. But that duty, in section 193 of the Housing Act 1996, ceases to apply if a homeless applicant refuses to accept accommodation which is suitable for them.”
Hardwicke Chambers, 12th April 2013
Source: www.hardwicke.co.uk
“In February 2011 the Home Office produced the consultation document ‘More Effective Responses to Anti-Social Behaviour’ – a response to the earlier document ‘The Coalition: our programme for government’.”
Hardwicke Chambers, 12th April 2013
Source: www.hardwicke.co.uk
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