Archive for November 2010
Private Sector Accommodation and Part 7
Hanton-Rhouila v Westminster City Council [2010] EWCA Civ 1334 This was a second appeal from a s.204 Housing Act 1996 appeal which had been dismissed by a Circuit Judge. Mrs Rhoulia had applied as homeless to Westminster and the appeal was of Westminster’s rejection of her application on the grounds that she was not homeless. [...]
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X & Y v UK?
Thanks to Chief and with particular thanks to the UK Human Rights blog, we now know that the claimants in X&Y v Hounslow have gone to the European Court of Human Rights. As you will recall, this was the desperately sad case which, at first instance, looked to establish a duty of care for local [...]
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Sale and Rent Back – Priority over charge, Round 1
North East Property Buyers Litigation [2010] EWHC 2991 (Ch) [Not on Bailii yet. Available on Lawtel or here] We noted this case was forthcoming a month ago. Judgement was given on 19 November. Thanks to James Stark, we’ve got a transcript. Thanks to being very busy, we’re late reporting it. This is a rolled up [...]
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Cold Weather and Tenant’s Obligations
Given the current weather conditions it seemed appropriate to do a post on what happens if a property is left by the tenant and the pipes freeze and burst.
The short answer to the question is to consider how unreasonable the tenant’s conduct has …
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Consultation on Planning Application Fees
A consultation on changing the fees for planning applications has been published by the DCLG. This consultation only applies to planning application fees in England.
The proposal is to decentralise the fee structure for planning applications and allow…
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HHSRS, overcrowding and homelessness
I could bore for England about the significance of the HHSRS, overcrowding and their relationship with the definition of homelessness, as well as the significance of the reworked notion of “reasonable to continue to occupy” by the HL in Moran, having worked on this for the last 18 months. In Hashi v Birmingham CC, reported [...]
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Social housing reform “consultation”
The heavily trailed (eg here and here), “cataclysmic” consultation paper on social housing reforms has been published by CLG today. There is much to digest and much will be left to individual PRPs and local authorities to work out. The “consultation” is limited either to specific groups or to more specific issues without challenging the [...]
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HHSRS Before the Land Tribunal
Hanley v Tameside Metropolitan Borough Council concerned an appeal from the Residential Property Tribunal (RPT) against the service of a Prohibition Order. Bolton Metropolitan Borough Council v Patel concerned an appeal from the RPT on Emergency Remed…
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Case Comment: Dallah Real Estate and Tourism Holding Company v The Ministry of Religious Affairs, Government of Pakistan [2010] UKSC 46
The first judgment by the Supreme Court in an arbitration case, Dallah Real Estate and Tourism Holding Company v The Ministry of Religious Affairs, Government of Pakistan [2010] UKSC 46, was handed down on Wednesday 3 November 2010. The Supreme Court u…
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Private Landlords Attitudes to Housing Benefits
The DWP has recently published a research report titled RR 689 Private landlords and the Local Housing Allowance system of Housing Benefit.
The study is based on interviews with 60 private landlords and letting agents and is not intended to have statis…
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