Archive for June 2009
Most landlords know that after the fixed term of a tenancy has ended, if it is an assured or an assured shorthold tenancy, section 5 of the Housing Act 1988 intervenes and provides for a new ‘periodic’ tenancy to be created. This tenancy runs from month to month (if rent is paid monthly) or [...]
And the question of what Doherty actually means rumbles on.
Central Bedfordshire Council v Taylor & Ors  EWCA Civ 613 was the Court of Appeal hearing of an appeal from a Circuit Judge’s decision to make an outright possession order and, in particular, to refuse to make findings of fact as a basis for an [...]
R (Shoaib) v LB Newham  All ER (D) 198 (Jun) [only available as an All ER note as yet] was a Judicial Review of a decision to terminate s.21 National Assistance Act support to Mr Shoaib.
Mr Shoaib had claimed asylum in 2004. His claim had been rejected in 2006 and with it NASS support [...]
Some of you might have seen in the news recently some rather confused reports that HHJ Halbert at Chester County Court was dealing with various attempts by people to write off debts owed under credit agreements, see, for example, this from the BBC or this from the MoJ.
We here at NL were not too sure [...]
Ryan v London Borough of Islington  EWCA Civ 578 concerned Ms Ryan’s Right to Buy under Part V Housing Act 1985 and whether or not it had been deemed to be withdrawn.
Ms Ryan was the secure tenant of a an Islington property. In January 2003, she served notice of RTB and after two months [...]
Well, well, well. Or perhaps well, well, oh heck. The Court of Appeal has handed down its judgment in R (Weaver) v London & Quadrant Housing Trust  EWCA Civ 587 and, by a majority, L&Q have lost.
It will be remembered that Mrs Weaver was a tenant of L&Q. L&Q sought to evict her, relying [...]
It might be a small thing next to the likes of Weaver v L&Q, but Hussain v Bradford Community Housing Limited & Kauser  EWCA Civ 763 is worth attention on a technical point.
Hussain had a weekly periodic tenancy has joint tenant with Kauser. The weekly period ended on a Friday of each week. [...]
Avid students of assured tenancies will know that the late Sir Robert Megarry wondered (in his work the Rent Acts) what would happen to a term providing for a mechanism for setting the rent that was written into a fixed term assured tenancy after that tenancy had become a statutory periodic tenancy. The High Court [...]
Freeman v London Borough of Islington  EWCA Civ 536 was an appeal to the Court of Appeal from a Circuit Judge’s finding that Ms Freeman was not entitled to succeed to her father’s secure tenancy under s.87 Housing Act 1985. At issue was the definition of ‘has resided with the tenant throughout the period [...]
One of my clients has a non paying tenant living in a property in the jurisdiction of the Luton County Court. Proceedings were issued on 19 March and an order for possession was obtained on mandatory grounds on 11 May, when the tenant was ordered to vacate on or before 25 May. She [...]