Archive for April 2008
Stack v Dowden revisited
The Court of Appeal has effectively given guidance on the application of Stack v. Dowden [2007] UKHL 17 where one is faced with a transfer into joint ownership and no express statements as to shares in the property in Fowler v Barron [2008] EWCA Civ 377 (23 April 2008).
At 21:
To recapitulate, the important points decided [...]
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Foxtons Ltd v Pelkey Bicknell & Anor [2008] EWCA Civ 419 (23 April 2008)
The Appellant had a sole agency agreement with the Respondent to sell her house. The Respondent showed the house to a person who was looking for a house for his former wife. The former wife visited the house after the sole agency had terminated and she did not like the house. She only offered to buy the house some 3 months later. The Court of Appeal held that in order to be entitled to commission the agent had to introduce the purchaser to the purchase and not merely to the property.
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Possession orders and RTB
Honeygan-Green v London Borough of Islington [2008] EWCA Civ 363 (22 April 2008)
A quick note on this Court of Appeal case. What happens when a secure tenant who has begun the right to buy process subsequently has a suspended possession order made against them, and then later has the SPO discharged?
The Court of Appeal’s answer, [...]
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EU homeless and education
A Court of Appeal case, concerning eligiblity for housing assistance via EU status
London Borough of Harrow v Ibrahim & Anor [2008] EWCA Civ 386 (21 April 2008)
The facts are, briefly, Mrs Ibrahim is a Somali national, married to a Danish national. He came to the UK in 2002 and worked until 2003, when he claimed [...]
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Women’s refuges and homelessness
Manchester City Council v Moran & Richards v Ipswich Borough Council [2008] EWCA Civ 378
This is a very important Court of Appeal judgment, which will have significant impact on Women’s Refuges and women fleeing domestic violence.
These were two appeals, conjoined, both featuring women whose stay at refuges had been ended following incidents and who faced [...]
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Duffield & Anor v Gandy [2008] EWCA Civ 379 (17 April 2008)
The Appellant sought to appeal the decision of the Lands Tribunal refusing to modify or discharge a restrictive covenant. The Appellant obtained planning permission to build a bungalow in the corner of his property. The property was subject to a restrictive covenant prohibiting the erection of a “residence”. The Tribunal had been entitled to conclude the practical benefits of the restriction were of substantial value or advantage to the Respondent.
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Shala revisited?
London Borough of Wandsworth v Allison [2008] EWCA Civ 354 is a Court of Appeal judgment on an appeal from a s.204 Housing Act 1996 appeal. It was made in downright odd circumstances, as the respondent had won the s.204 appeal but then had public funding withdrawn, for being out of the country, not long [...]
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Ezekiel & Anor v Kohali & Anor [2008] EWHC 734 (Ch) (11 April 2008)
The Defendants owned land and sold part of it to the Claimants. The Claimants sought specific performance of the agreement with an abatement of the purchase price as the Defendants were unable to show good title to all the land. The Claimants failed in the claim for an abatement as it was held the Claimants had knowledge of the Defendants’ defect in title. As the Claimants knew this they could not be said to have relied upon any representations as to title made by the Defendants.
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Discretionary Housing Payments
A short note on Gargett, R (on the application of) v London Borough of Lambeth [2008] EWHC 663 (Admin) which was an application for Judicial Review on Discretionary Housing Payments.
The applicant had applied for a DHP to cover rent arrears, being at risk of losing her home. She was refused as
i) she was in receipt of [...]
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Non-secure tenants
Just a quick comment on Westminster CC v Boraliu [2008] EWCA Civ 1339, which is not on Bailii yet. I was alerted by Housing View at Sweet & Maxwell.
This was Court of Appeal decision on the effect of Schedule 1, Housing Act 1985 on exclusions from otherwise secure tenancies.
The case concerned paragraph 4, which provides that a tenancy is not [...]
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