Article 8 and Possession – NearlyLegal
“The ECtHR’s recent decision in Buckland v UK demonstrates again how wonderfully delphic the subject of housing and Article 8 rights has become.”
NearlyLegal, 23rd September 2012
Source: www.nearlylegal.co.uk
Category: housing
High Court orders judicial review over HMR transitional fund – OUT-LAW.com
“Campaign group Save Britain’s Heritage (SAVE) has won the right to a judicial review of the Government’s £35 million transitional fund to help councils after the closure of the Housing Market Renewal (HMR) fund.”
OUT-LAW.com, 20th September 2012
Source: www.out-law.com
Survivorship and succession – Nearly-Legal
” Briefly Ms Hickin was the daughter of joint tenants of Solihull and had lived in the house since she was born. The father moved out some 9 years before. On the death of the mother, Ms Hickin sought to succeed to the tenancy under s.89 Housing Act 1985. Solihull served notice to quit on the basis that the father was now the sole tenant, by survivorship, but did not fulfil the residence requirement, so the tenancy was terminable by notice to quit and brought possession proceedings. In the Court of Appeal, Ms H argued, unsuccessfully, that s.89 overrode common law survivorship. The case then went to the Supreme Court, which was divided, finding against Ms H 3:2.”
Nearly-Legal, 11th September 2012
Source: www.nearlylegal.co.uk/blog/
Planning rules on extensions to be relaxed ‘to boost economy’ – BBC News
“The government wants to get planning officers ‘off people’s backs’ with a relaxation of current rules in England.”
BBC News, 6th September 2012
Source: www.bbc.co.uk
JL and the Second Bite of the Cherry – NearlyLegal
“There now follows a judicial review of the decision to enforce the possession order made in that claim: JL v SS for Defence [2012] EWHC 2216 (Admin) [not yet on Bailii], heard by Justice Simler QC on 30/7/2012.”
NearlyLegal, 27th August 2012
Source: www.nearlylegal.co.uk/blog/
Injunctions for accommodation, judicial review and prospects of success – NearlyLegal
“This is case that highlights the benchmark for seeking an injunction for accommodation on a judicial review claim.”
NearlyLegal, 26th August 2012
Source: www.nearlylegal.co.uk/blog/
Suitability. On expired beds and shared bathrooms – NearlyLegal
“Just how bad and inappropriate does temporary accommodation have to be to be unsuitable? There is an interesting post by David Thomas on the Anthony Gold ‘Housing and Public Law’ blog about a settled Judicial Review that highlights this issue.”
NearlyLegal, 23rd August 2012
Source: www.nearlylegal.co.uk
Case law argues London’s priced out tenants are ‘homeless’ – The Guardian
“Legal precedent demands that tenants unable to meet unaffordable housing costs are legally homeless. What does this mean in today’s London?”
The Guardian, 21st August 2012
Source: www.guardian.co.uk
Public Law and Article 8 at Eviction Stage – Hardwicke Chambers
“On 30th July 2012 Ingrid Simler QC, sitting as a Deputy High Court Judge, handed down judgment in JL-v- (1) Secretary of State for Defence (2) Leeds City Council (Interested Party) [2012] EWHC 2216 (Admin).”
Hardwicke Chambers, 6th August 2012
Source: www.hardwicke.co.uk
Regina v Sumal & Sons (Properties) Ltd – WLR Daily
Regina v Sumal & Sons (Properties) Ltd: [2012] EWCA Crim 1840; [2012] WLR (D) 247
“A landlord who committed an offence of managing an unlicensed house, contrary to section 95(1) of the Housing Act 2004, did not ‘obtain’ property ‘as a result of or in connection with’ his criminal conduct, for the purposes of section 76(4) of the Proceeds of Crime Act 2002, by the receipt of rent. Therefore a court sentencing a landlord for such an offence could not impose a confiscation order in the sum of the rent received.”
WLR Daily, 8th August 2012
Source: www.iclr.co.uk
Solihull Metropolitan Borough Council v Hickin – WLR Daily
Solihull Metropolitan Borough Council v Hickin [2012] UKSC 39; [2012] WLR (D) 224
“Where one of two or more persons holding under a joint secure tenancy died, the tenancy vested in the survivor or survivors rather than vesting in a person qualified to succeed the deceased person pursuant to section 89 of the Housing Act 1985.”
WLR Daily, 25th July 2012
Source: www.iclr.co.uk
Former Dale Farm travellers face new eviction attempt – The Guardian
“Basildon council is preparing to bring back bailiffs after travellers removed from Europe’s largest illegal site at Dale Farm in Essex moved to a neighbouring settlement.”
The Guardian, 25th July 2012
Source: www.guardian.co.uk
High Court rules on the history of the caravan – Daily Telegraph
“A senior judge wrote a brief history of the caravan after the Court of Appeal ruled on a planning dispute.”
Daily Telegraph, 24th July 2012
Source: www.telegraph.co.uk
Set in Stone? – Zenith Chambers
“Conditional review decisions in introductory tenancy cases following Camden v Stafford.”
Full story (PDF)
Zenith Chambers, 5th July 2012
Source: www.zenithchambers.co.uk
Lawcastt 211: Giles Peaker of the Nearly Legal blog on housing law and the changing legal world – Charon QC
“Today I am talking to Giles Peaker, a solicitor at Anthony Gold Solicitors and founder of the Nearly Legal blog – a specialist housing blog which has grown with Giles since he became ‘fully legal’ and started working with ten barrister and solicitor contributors.”
Charon QC, 5th July 2012
Source: www.charonqc.wordpress.com
“Charon QC” is the blogging pseudonym of Mike Semple Piggot, editor of insitelaw newswire.
Flat adverts that may be breaking the law – BBC News
“‘To let’ advertisements that specify a particular race or religion are visible in newsagents windows in many areas of London. But are they breaking the law?”
BBC News, 3rd July 2012
Source: www.bbc.co.uk
Camden London Borough Council v Stafford – WLR Daily
Camden London Borough Council v Stafford [2012] EWCA Civ 839; [2012] WLR (D) 184
“A notice under section 128 of the Housing Act 1996 seeking an order for possession of a dwelling let under an introductory tenancy could not be conditional. Similarly a review of that decision under section 129 could not introduce conditions. Thus a review notice purporting to confirm the original decision to seek possession but not pursuing possession because alternatives were put in place did not confirm the original decision. If the landlord subsequently sought possession a fresh notice under section 128 would have to be served.”
WLR Daily, 20th June 2012
Source: www.iclr.co.uk
Article 8 and a half – wider than thought, but will it work? – UK Human Rights Blog
“The Home Office has released its Statement of Intent on Family Migration, which, amongst other things, makes the position a little clearer on its plans for Article 8 of the European Convention on Human Rights, as discussed in my earlier post.”
UK Human Rights Blog, 13th June 2012
Source: www.ukhumanrightsblog.com
Plans to regenerate London’s Crystal Palace Park upheld – The Independent
“Multi-million pound plans to regenerate historic Crystal Palace Park were upheld by the High Court today.”
The Independent, 12th June 2012
Source: www.independent.co.uk
