Archive for April 2010

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Oh Brave New World

30 Apr 2010 By Nearly Legal Housing Law

Eastland Homes Partnership Limited v Sandra Whyte 2010 EWHC 695 (QB)
Following Weaver v L&Q and McIntyre v Gentoo, here is a clear indication of the brave new world of public law in which RSLs (sorry, PRHPs) find themselves. It is also an interesting and useful example of a public law defence (gateway b) in [...]

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More Key Tenancy Deposit Cases Come to Court

30 Apr 2010 By PainSmith Housing Law

Next week is a big week for political parties but it is also a big week for tenancy deposit protection.
Two key cases, Universal Estates v Tiensia and Honeysuckle Properties v Fletcher, are both being heard together before the Court of Appeal on 7 May….

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Adverse Possession in Londonderry

29 Apr 2010 By David Smith Housing Law

The Northern Ireland Court of Appeal has been looking at adverse possession of grazing land.

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Improvements and rent redux

27 Apr 2010 By Nearly Legal Housing Law

Hughes v Borodex Ltd. [2010] EWCA Civ 425
This was the Court of Appeal hearing of the appeal from the High Court decision on first appeal that we reported in March 2009. I won’t rehearse the facts, which are in the earlier post, but the issue was whether former long leaseholders who had ended up with [...]

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Case Comment: R (F) (by his litigation friend F) v Secretary of State for the Home Department [2010] UKSC 17 [updated]

25 Apr 2010 By UKSC blog Human Rights Law

In its first judgment of the Easter Term, a unanimous Supreme Court (Lords Phillips, Hope and Rodger, Lady Hale and Lord Clarke) dismissed the appeal of the Secretary of State against a declaration of incompatibility originally made by the Divisional C…

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CLG View on Tenancy Deposits After 1 October

23 Apr 2010 By PainSmith Housing Law

As we have previously reported the maximum rent threshold for Housing Act 1988 tenancies is to be altered on 1 October from £25,000 to £100,000.
One of the key questions has been what the position will be for tenancy deposits taken in respect of tena…

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HMO Changes in Northern Ireland

20 Apr 2010 By PainSmith Housing Law

Some key changes in the way HMOs are operated are forthcoming in Northern Ireland.
Currently the legislation governing HMOs is part IV of the The Housing (Northern Ireland) Order 1992. This is being amended by some new and proposed legislation.
The …

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Newham in the news

19 Apr 2010 By Dave@nearlylegal Housing Law

The London Borough of Newham is, without doubt, a hard-pressed council with extremely high levels of housing need, insufficient accommodation of any sort of decent quality to meet that need, and an engaged staff, as anybody who read Ahmad would tell you.  In spite of that, they do some excellent, top notch work.  For example,  [...]

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Homelessness and Allocations, 8th Edition by Andrew Arden QC, Emily Orme and Toby Vanhagen

19 Apr 2010 By Tessa Shepperson Housing Law

I am pleased to introduce a review of this classic book from LAG, from Giles Peaker of Anthony Gold. Homelessness and Allocations. 8th Edition This may not be a book of much use to private landlords, although a glance between its covers would rapidly disabuse some of their conviction that ‘the Council’ will automatically help…

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Long Leases in Scotland

13 Apr 2010 By PainSmith Housing Law

Those who know about Scottish law will be aware that it is not now practically possible to create a lease in excess of 20 years in Scotland. Additionally, feus were prohibited in 2000 and most were converted into an ownership for the vassal. A simila…

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