Archive for April 2009

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The end of the road

2 Apr 2009 By J@nearlylegal Housing Law

X v LB Hounslow [2009] EWCA Civ 286.
When news of X first reached the NL team, the near unanimous response was one of pleasure at the result. Once we obtained a transcript and saw the reasoning of the trial judge, it became clear not only that an appeal would be pursued but that it would [...]

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Public Law Defence – an arguable case

2 Apr 2009 By Nearly Legal Housing Law

McGlynn v Welwyn Hatfield District Council [2009] EWCA Civ 285 was an appeal of a summary possession that had been stayed pending Doherty in the Lords.
Mr McGlynn was granted a non-secure tenancy by Welwyn in 2000, in pursuance of homelessness obligations under Part VII HA 1996. The tenancy was therefore terminable by Notice to Quit [...]

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An inconvenient problem

2 Apr 2009 By Dave@nearlylegal Housing Law

There were lots of good intentions behind the SI making clear that 16/17 year olds are in priority need (The Homelessness (Priority Need for Accommodation) (England) Order 2002 (SI 2002 /2051)). But as a few have pointed out in recent years, there might be consequences because of the capacity requirements of property law. Well, in Alexander-David [...]

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