Category: housing

Regina (Gilboy) v Liverpool City Council, Secretary of State for Communities and Local Government as interested party – Times Law Reports

Posted August 21st, 2008 in housing, human rights, law reports by sally

Regina (Gilboy) v Liverpool City Council, Secretary of State for Communities and Local Government as interested party

Court of Appeal

“A secure tenant, who lost that security when the tenancy was demoted on account of antisocial behaviour, failed in her challenge to the local authority landlord’s internal review procedure for reconsideration of the landlord’s seeking a county court order for possession.”

The Times, 20th August 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

R (M) v Slough Borough Council – WLR Daily

Posted August 13th, 2008 in housing, law reports, medicines, residential care by sally

R (M) v Slough Borough Council [2008] UKHL 52; [2008] WLR (D) 292

“A person’s need for a refrigerator in which to keep medication did not amount to ‘need of care and attention’ within s 21(1)(a) of the National Assistance Act 1948 (as amended) so as to entitle him to residential accommodation.”

WLR Daily, 12th August 2008

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.

Newport City Council v Charles – Times Law Reports

Posted August 11th, 2008 in estoppel, housing, law reports by sally

Newport City Council v Charles

Court of Appeal

“A council tenant who concealed his mother’s death for three years in order to avoid being moved to a different property could not be ousted on that ground because the time limit for doing so had expired before the local authority discovered his mother had died.”

The Times, 11th August 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

R (Heffernan) v Rent Service – WLR Daily

Posted August 4th, 2008 in benefits, housing, law reports, rent by sally

R (Heffernan) v Rent Service; [2008] WLR (D) 279

“Rent officers, in identifying the ‘locality’ under Sch 1, Pt I to the Rent Officers (Housing Benefit Functions) Order 1997, as amended, needed to assemble only enough ‘neighbourhoods’ to satisfy the requirements of para 4(6)(c). ‘A broad geographical area’ was misleading. ‘Neighbourhood’ was similarly not to be interpreted as comprising too large an area. The rent officer’s inquiry was restricted to the ‘facilities and services’ specified in para 4(6)(b).”

WLR Daily, 1st August 2008

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.

Housing and Regeneration Act 2008

Posted July 24th, 2008 in housing, landlord & tenant, legislation, planning by sally

Housing and Regeneration Act 2008 published

Full text of Act (PDF)

Source: www.opsi.gov.uk

Admiral Taverns (Cygnet) Ltd v Daniel and another – WLR Daily

Posted July 23rd, 2008 in housing, law reports, stay of execution by sally

Admiral Taverns (Cygnet) Ltd v Daniel and another [2008] EWHC 1688 (QB); [2008] WLR (D) 247

“The restriction imposed by s 89(1) of the Housing Act 1980 on postponing enforcement of a possession order only applied to the court which made the order and not to a court exercising appellate jurisdiction in respect of the order.”

WLR Daily, 22nd July 2008

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.

Newport City Council v Charles – WLR Daily

Posted July 22nd, 2008 in estoppel, housing, law reports by sally

Newport City Council v Charles; [2008] WLR (D) 245

“A local authority’s right to possession against a person succeeding to a tenancy on the death of a family member other than a spouse on the ground that the accommodation was more than he reasonably required was not an interest in land capable of giving rise to a proprietory estoppel against the tenant. Accordingly, a tenant who concealed his mother’s death for three years in order to avoid being moved to a different property could not be ousted on that ground because the time limit for doing so had expired before the local authority discovered his mother had died.”

WLR Daily, 21st July 2008

Source: www.lawreports.co.uk

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

R (Gilboy) v Liverpool City Council – WLR Daily

Posted July 8th, 2008 in housing, human rights, law reports by sally

R (Gilboy) v Liverpool City Council [2008] EWCA Civ 751; [2008] WLR (D) 224

“The internal review procedure for reconsideration by a local housing authority of a decision to terminate a demoted tenancy complied with article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 7th July 2008

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 (Weaver) v London and Quadrant Housing Trust – Times Law Reports

Posted July 8th, 2008 in housing, judicial review, law reports by sally

Regina (Weaver) v London and Quadrant Housing Trust

Queen’s Bench Divisional Court

“The management and allocation of housing stock by a registered social landlord was a function of a public nature, so that it was amenable to judicial review and regarded as a public authority for the purposes of the Human Rights Act 1998.”

The Times, 8th July 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Merton London Borough Council v Jones – Times Law Reports

Posted July 3rd, 2008 in housing, law reports, mesne profits by sally

Merton London Borough Council v Jones

Court of Appeal

“A tolerated trespasser was liable to pay mesne profits for overstaying in his former dwelling only up to the time he had decided to give up possession and removed his belongings, even if he had retained the keys and told the landlord of his decision much later.”

The Times, 3rd July 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

R (Weaver) v London and Quadrant Housing Trust – WLR Daily

Posted June 26th, 2008 in housing, judicial review, law reports by sally

R (Weaver) v London and Quadrant Housing Trust [2008] EWHC 1377 (Admin); [2008] WLR (D) 207

“The management and allocation of housing stock by a housing trust which was a registered social landlord under the Housing Act 1996, including decisions concerning the termination of a tenancy, was a function of a public nature, with the effect that the registered social landlord was to regarded as a public authority in that respect for the purposes of s 6(3)(b) of the Human Rights Act 1998. The registered social landlord was accordingly amenable to judicial review on conventional public law grounds in respect of its performance of that function.”

WLR Daily, 25th June 2008

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.

Lewisham London Borough Council v Malcolm (Equality and Human Rights Commission intervening) – WLR Daily

Posted June 26th, 2008 in disability discrimination, housing, law reports by sally

Lewisham London Borough Council v Malcolm (Equality and Human Rights Commission intervening) [2008] UKHL 43; [2008] WLR (D) 205

“A landlord’s claim for a possession order against a disabled tenant who sublet the premises in breach of the tenancy agreement did not amount to unlawful discrimination for a reason which related to the tenant’s disability. A tenant without a disability who had similarly sublet the premises would have been treated in exactly the same way as the tenant with a disability.”

WLR Daily, 25th June 2008

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.

Lewisham London Borough Council v Malcolm – Times Law Reports

Posted June 26th, 2008 in disability discrimination, housing, law reports by sally

Lewisham London Borough Council v Malcolm

House of Lords

“A disabled person who was being evicted from his council flat because he had sublet the flat in breach of the terms of his tenancy and had moved elsewhere, was not being evicted for a reason which related to his disability nor was he being treated less favourably than others who were not disabled. He was therefore not suffering discrimination.”

The Times, 26th June 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Hanoman v Southwark London Borough Council (No 2) – Times Law Reports

Posted June 24th, 2008 in benefits, housing, law reports, right to buy by sally

Hanoman v Southwark London Borough Council (No 2)

Court of Appeal

“Once a council tenant had served upon a council an operative notice of delay under the statutory right-to-buy scheme, rent paid by way of housing benefit counted towards the purchase price payable by the tenant for the council property.”

The Times, 24th June 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Building bridges – Law Society’s Gazette

Posted June 20th, 2008 in housing, special report by sally

“Lawyers fear the Law Commission’s drive to step outside the courts in housing disputes will undermine the justice system, reports Grania Langdon-Down.”

Full story

Law Society’s Gazette, 19th June 2008

Source: www.lawgazette.co.uk

Merton London Borough Council v Jones – WLR Daily

Posted June 18th, 2008 in housing, law reports, mesne profits by sally

Merton London Borough Council v Jones; [2008] WLR (D) 194

“The liability of a tolerated trespasser to pay mesne profits to a former public landlord terminated when the tolerated trespasser had decided to give up possession and had removed his belongings from his dwelling house, and not at the time when the former landlords were formally notified that he was no longer in possession of the dwelling, even though the tolerated trespasser continued to retain the keys to the dwelling.”

WLR Daily, 17th June 2008

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.

Hanoman v Southwark London Borough Council (No 2) – WLR Daily

Posted June 16th, 2008 in benefits, housing, law reports, right to buy by sally

Hanoman v Southwark London Borough Council (No 2) [2008] EWCA Civ 624; [2008] WLR (D) 192

“Where a council tenant exercising his right to buy had served an operative notice of delay on the council, the housing benefit which he received counted as the payment of rent so as to reduce the purchase price for the purposes of ss 153A(5), 153B and 155(3A) of the 1985 Act, as amended.”

WLR Daily, 12th June 2008

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.

McCann v United Kingdom – Times Law Reports

Posted May 23rd, 2008 in housing, human rights, law reports by sally

McCann v United Kingdom

European Court of Human Rights

“A local authority which bypassed the statutory scheme for evicting a tenant, had violated his right to respect for the home, as guaranteed by article 8 of the European Convention on Human Rights, when the summary procedure used had not provided appropriate procedural safeguards.”

The Times, 23rd May 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Housing: Proportionate Dispute Resolution – Law Commission

Posted May 13th, 2008 in dispute resolution, housing, reports by sally

“A project to review the law and practice on how housing disputes are resolved, with the aim of reforming it to make it simple, effective, fair and proportionate.”

Full story

Law Commission, 12th May 2008

Source: www.lawcom.gov.uk

Rapist murderer had right to be housed – Daily Telegraph

Posted May 12th, 2008 in housing, human rights, news, sexual offences by sally

“A convicted rapist sexually assaulted and murdered a teenage girl after a council was told he could not be evicted because it would breach his human rights.”

Full story

Daily Telegraph, 10th May 2008

Source: www.telegraph.co.uk