Archive for 2008
Harassment by possession claim
In what appears to be a good week for somewhat bizarre cases, may I present Carlos Allen v London Borough of Southwark [2008] EWCA Civ 1478. This was an appeal by Mr Allen to the Court of Appeal of the striking out of his claim for harassment against LB Southwark.
Mr Allen was a Southwark tenant. Since [...]
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Access to benefits and proportionality
While Zalewska v Department for Social Development (Northern Ireland) [2008] UKHL 67 is not a housing case as such, I hope that many of our readers will still find this useful and interesting. It is the second time in a fortnight (after RJM) that the House of Lords has had to consider whether UK legislation preventing someone [...]
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A Curious Footnote
Mich-Onyibe v Wandsworth LBC (04/11/08, CA, judgment currently unavailable otherwise than by way of e-flash from Arden Chambers) is a kind of a curious footnote to homelessness law. Wandsworth accepted that they owed the full Part VII housing duty to Ms Mich-Onyibe. they offered her a bedsit on the first floor. She refused it. She [...]
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Midill (97PL) Ltd. v Park Lane Estates Ltd & Anor [2008] EWCA Civ 1227 (11 November 2008)
The Appellant company unsuccessfully appealed against a decision not to exercise the discretion under the Law of Property Act 1925 to order repayment of a deposit. The CA held that there needed to be something special or exceptional to justify overriding the ordinary contractual expectations of the parties.
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Homelessness fact finding and Article 6
What more could you wish for on a Friday afternoon that a bit of homelessness law in the Court of Appeal? Don’t answer that. Anyway, on to Ali & Ibrahim v Birmingham City Council [2008] EWCA 1228.
Two joined appeals, one on behalf of Ms Ali and one on behalf of Ms Ibrahim, came before the [...]
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Rough Sleepers, Rough Justice
R (RJM) (FC) v Secretary of State for Work and Pensions [2008] UKHL 63
This House of Lords judgment is now just under two weeks old, but I think it is still worthy of comment here. It is a discrimination case dealing with benefits and rough sleepers, but has some important implications in much broader areas, [...]
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ASBOs for all!
Birmingham City Council v (1) Shafi (2) Ellis [2008] EWCA Civ 1186
This is a complicated case, focusing much more on local government law than on housing law per se, but there are some significant implications for housing lawyers. We’ve already had one request to blog this case and I hope you’ll see why.
Section 222(1)(a) of [...]
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Varying an ASBO – an (un)appealing option
We here at NL still haven’t decided how much ASB law to cover on the blog. On the one hand, only possession proceedings and s.153A-E Housing Act 1996 injunctions could be said to be ‘true’ housing law. But, on the other, ASB remedies are, to a very significant extent, conferred on public sector landlords, with [...]
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On ramps and suitability
Boreh v London Borough of Ealing [2008] EWCA Civ 1176 was an appeal from a s.204 appeal of a s.202 review that upheld a finding that a property offered in discharge of s.192(3) duty was suitable.
Mrs Boreh was owed the full housing duty by Ealing. Ealing offered a property in discharge of that duty, which [...]
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Another tenancy deposit decision
This is a report of a case kindly provided to me by Simon Parrott of Palmers Solicitors (Bedford).
I am writing following a recent hearing at Bedford County Court on 28th October, to let you know the result of my case. I act for the landlords.
The circumstances of the case were that the tenancy deposit had [...]
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