Archive for June 2010
The Monk habit
Lana Wilson v London Borough of Harrow [2010] EWHC 1574 (QB) This was the combined permission/appeal hearing in the High Court from a first instance hearing by a CJ of a defence to a possession claim based on an NTQ served by a joint tenant. The principal ground of appeal was a further argument that [...]
Comments Off
Housing Benefit limits
You’ve probably already seen this, but new upper limits on housing benefit rates are to be introduced from next April (2011). For a three bed house, the upper limit will be £340 per week For a four bed house, the upper limit will be £400 per week LHA will be limited to between £250 and [...]
Comments Off
Why can’t tenancy deposits be for more than two months rent?
Can tenancy deposits be more than two months rent?
This is a question I was asked recently, and I am finding it harder than I thought originally, to answer it. The answer I have come up with is that you can, in that it is not illegal, but it may not be a very good idea.
As [...]
Comments Off
All mimsy were the borogoves
The Jabberwock of the tenancy deposit scheme came whiffling again, in the tulgey wood of Northampton County Court. This time it was the clause that catch to beware of. And there’s a disrepair claim in there too. Paula O’Brien v Jacqueline Jones & Andrew Alexander (T/A Belvoir Huntingdon). Claim No 9KG00335 12/02/2010 [On Lawtel for [...]
Comments Off
Austin (FC) (Appellant) v. Mayor and Burgesses of the London Borough of Southwark (Respondent), [2010] UKSC 28
The Appellant’s brother, who is now deceased (“the Deceased”), held a secure tenancy under the Housing Act 1985 (“the 1985 Act”) of a property owned by the London Borough of Southwark (“the Authority”). The Appellant contends that he lived in his brother’s home for the 12 months preceding his death, caring for him during his terminal illness. The Appeal arises from the efforts of the Appellant to resist the Authority’s efforts to evict him from the property.
Comments Off
The quietus of the tolerated trespasser
Austin v London Borough of Southwark [2010] UKSC 28 It has been a long story for Mr Austin and a long, long, long story for the tolerated trespasser. But this Supreme Court judgment should be the last time the Supreme Court is troubled by the legacy of Thompson v Elmbridge Borough Council [1987] 1 WLR [...]
Comments Off
Farewell, then, to “Roof”
The last issue of Shelter’s excellent Roof magazine has landed on my desk today. It’s been a mainstay of my preoccupation with housing issues for the past 20 years, and it would be wrong to let its passing go without a short note. The last issue is a fitting tribute, reminding us of the magazine’s [...]
Comments Off
Contracting out homelessness reviews: Technical issues
With thanks to Robert Latham, we have the transcript of an interesting section 204 homelessness appeal brought by Ms Shacklady against Flintshire CC in the Mold County Court before HHJ Gareth Jones (07.05.2010). The substance of the appeal concerned Ms Shacklady’s appeal against Flintshire’s decision to exercise its discretion to use the local connection provisions [...]
Comments Off
Waiting For Tiensia
A case in Central London CC has considered the meaning of ‘received’ in relation to tenancy deposit protection.
Comments Off
Measuring a measured duty
Lambert & Ors v Barratt Homes Ltd & Anor [2010] EWCA Civ 681 This was the Court of Appeal hearing of an appeal by Rochdale MBC (the anor in this case) against the judgment of HHJ Grenfell in the Technology and Construction Court. The issue was the finding that Rochdale had a measure duty of [...]
Comments Off