Archive for August 2009
Kathirkmanathan revisited
Circle 33 Housing Trust Limited v Kathirkmanathan [2009] EWCA Civ 921
We first reported on this case in July 2009, on the basis of a lawtel note, which was all that was available at the time. In this quiet time for new judgments, there are a few such cases for which full transcripts are now available, [...]
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Changing Horses Midstream
Konodyba v Royal Borough of Kensington and Chelsea [2009] EWCA Civ 890 was an appeal against a decision that Dr Konodyba was not entitled to housing assistance as she was subject to immigration control. It turned out to be a cautionary tale about getting rid of your legal advisers at the last minute in order [...]
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Tenancy deposit roundup
A few matters on the subject of tenancy deposit protection which I have been meaning to comment on for a while.
The August issue of Legal Action Magazine has two cases on tenancy deposit claims, which go to support tenants claiming against landlords who breach the tenancy deposit regulations. If you want to read the [...]
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Webb v Wandsworth LBC – Take 2
We first noted Webb v LB Wandsworth [2008] EWCA Civ 1643 in November 2008 when it was discussed in an Arden Chambers eflash. Earlier this week, the transcript was finally released. Slightly later this week, it was corrected so as to make sense. Thus, 9 months after the decision, we can finally tell you what [...]
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Letting agents going bust – three top tips for landlords to protect your position
Rumour has it that quite a few letting agents (although not all by any means) are in financial difficulties. What does this mean for landlords, and what can they do to protect themselves? Here are some tips:
1. Make sure that your agent has payment protection.
Ideally all client money should be kept [...]
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Contracting out homelessness reviews like the town hall catering contract
The Court of Appeal’s judgment in Heald and others v LB Brent [2009] EWCA Civ 930 is just out concerning the outsourcing of s 202 Housing Act 1996 reviews by Brent to Minos Perdios’ company Housing Reviews Ltd. There have been a number of County Court judgments on this issue which have not necessarily been [...]
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Here be dragons
EPA 1990 prosecutions and the Magistrates Court. I am assured that stout housing lawyers quail at the prospect. And why? Well this High Court appeal by way of case stated, although not strictly housing related, serves as a illustration.
Wandsworth v Rashid [2009] EWHC 1844 (Admin) concerned bags of waste left on the street by a [...]
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Bits from August LAG 2: Unlawful Eviction damages
The August edition LAG housing updates also contain a couple of County Court unlawful eviction and harassment cases that are well worth noting, particularly on quantum.
Abbas v Iqbal, Bow County Court 4 June 2009. Mr Abbas, who was elderly and in poor health, was granted a weekly periodic AST of a single room with shared [...]
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Case throws up injustices in the tenancy deposit scheme legislation
A very interesting article in the New Law Journal (NLJ) from Laura West, barrister, Arden Chambers and Marianne Rivett, solicitor, Kennedys (currently available here) highlights some of the injustices and inconsistencies in the current tenancy deposit protection scheme (TDPS) legislation.
The article considers a case heard in May 2009 in the Central London County Court, Jacklin [...]
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Bits from August LAG 1: Tenancy Deposits
As ever, the lovely Legal Action housing updates have some interesting County Court cases that hadn’t reached us. A couple in the August edition concern tenancy deposit cases. Nothing binding (and when will some of these cases reach a higher court?), but interesting.
Woods v Harrington, Haverfordwest County Court. 19 May 2009. Ms Woods had a [...]
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