Archive for May 2011
Not going quietly…
Or round 3 of Ms Pritchard’s refusal to give up her former property to the ‘We buy your right to buy home’ firm that had obtained possession.
Fineland Investments Limited v Pritchard (2011) Ch D 17/05/2011 [Note on Lawtel, unreported elsewhere]
Readers may recall the possession judgment, and the multi stranded (and multi partied) appeal of the without notice warrant of eviction, in both of which Ms P was unsuccessful. After having been evicted and failed in her application for re-entry, it appears that Ms P was not going to accept that as a conclusion. She, her son and two others had allegedly gained access to the property… Read the full post
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Ain’t nobody here but…
Windsor and District Housing Association v Hewitt (2011) CA (Civ Div) 19/05/2011 [On Lawtel and in a note from Tanfield Chambers.]
Not chicken related, thankfully. This was the Court of Appeal hearing of Windsor & District’s appeal from the refusal of the first instance Judge to grant a possession order under ground 17 Schedule 2 Housing Act 1988.
Ms Hewitt was an assured tenant of Windsor’s, in a one bed flat. She applied for a transfer to a two bed property, stating in her application that she needed a two-bedroom flat on medical grounds so that her son, who was her carer, could live with her. She was offered and… Read the full post
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Not an AST?
In Kahlon v Isherwood the court held that a tenant that had a Assured Tenancy but agreed to the grant of an Assured Shorthold Tenancy as part of a settlement of court proceedings was, in fact, still an Assured Tenant.
Isherwood became a tenant in 1994…
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Gladehurst Properties Limited v Hashemi
Call me lazy but here’s the summary of the case.
The Court of Appeal in their judgement held that the case of Tiensia did not assist the landlord in this case because the landlord had never complied with the initial requirements or provided the …
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You win some, you lose some
Oxford City Council v Bull [2011] EWCA Civ 609 In which the Court of Appeal had to consider whether the homeless applicant had made himself intentionally homeless and whether he was in priority need. Mr Bull separated from his wife in June 2009 and left the home, where she was a secure tenant of the [...]
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A digression on equity and the Court of Chancery
Foundations of landlord and tenant law – part 3 I had thought of leaving this bit out, as it is not essential to landlord and tenant law. But it is an important part of our legal history and comes into all sorts of things, so I thought I had better just mention it. Anyway it…
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Tenancy deposits – the law that never was
There are probably a lot of angry landlords out there. Landlords who were sued by their tenants for the deposit of three times the deposit sum because they failed to protect, and were ordered to pay up. Why are they angry? Because if they were to be sued now, they could protect late and avoid…
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Case Comment: Sienkiewicz v Greif (UK) Ltd; Knowsley MBC v Willmore [2011] UKSC 10
On 9 March 2011, the Supreme Court handed down its judgment in the joint appeal of Sienkiewicz v Grief (UK) Ltd; Knowsley MBC v Willmore [2011] UKSC 10. The seven-judge bench, consisting of Lord Phillips, Lord Rodger, Lady Hale, Lord Brown, Lord Mance,…
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Case Comment: R (Adams) v Secretary of State for Justice [2011] UKSC18
When is a wrongful conviction not a miscarriage of justice? This was the riddle that recently occupied a nine-judge panel of the Supreme Court in R (Adams) v Secretary of State for Justice [2011] UKSC 18. The question arose in an appeal brought by thre…
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Human Rights at Home
The EHRC has released guidance for social housing providers on the relevance of human rights to social housing provision and managment and on how to comply. The guidance can be downloaded here [link to pdf]
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