Archive for August 2009
Circle 33 Housing Trust Limited v Kathirkmanathan  EWCA Civ 921
We first reported on this case in July 2009, on the basis of a lawtel note, which was all that was available at the time. In this quiet time for new judgments, there are a few such cases for which full transcripts are now available, [...]
Konodyba v Royal Borough of Kensington and Chelsea  EWCA Civ 890 was an appeal against a decision that Dr Konodyba was not entitled to housing assistance as she was subject to immigration control. It turned out to be a cautionary tale about getting rid of your legal advisers at the last minute in order [...]
A few matters on the subject of tenancy deposit protection which I have been meaning to comment on for a while.
The August issue of Legal Action Magazine has two cases on tenancy deposit claims, which go to support tenants claiming against landlords who breach the tenancy deposit regulations. If you want to read the [...]
We first noted Webb v LB Wandsworth  EWCA Civ 1643 in November 2008 when it was discussed in an Arden Chambers eflash. Earlier this week, the transcript was finally released. Slightly later this week, it was corrected so as to make sense. Thus, 9 months after the decision, we can finally tell you what [...]
Rumour has it that quite a few letting agents (although not all by any means) are in financial difficulties. What does this mean for landlords, and what can they do to protect themselves? Here are some tips:
1. Make sure that your agent has payment protection.
Ideally all client money should be kept [...]
The Court of Appeal’s judgment in Heald and others v LB Brent  EWCA Civ 930 is just out concerning the outsourcing of s 202 Housing Act 1996 reviews by Brent to Minos Perdios’ company Housing Reviews Ltd. There have been a number of County Court judgments on this issue which have not necessarily been [...]
EPA 1990 prosecutions and the Magistrates Court. I am assured that stout housing lawyers quail at the prospect. And why? Well this High Court appeal by way of case stated, although not strictly housing related, serves as a illustration.
Wandsworth v Rashid  EWHC 1844 (Admin) concerned bags of waste left on the street by a [...]
The August edition LAG housing updates also contain a couple of County Court unlawful eviction and harassment cases that are well worth noting, particularly on quantum.
Abbas v Iqbal, Bow County Court 4 June 2009. Mr Abbas, who was elderly and in poor health, was granted a weekly periodic AST of a single room with shared [...]
A very interesting article in the New Law Journal (NLJ) from Laura West, barrister, Arden Chambers and Marianne Rivett, solicitor, Kennedys (currently available here) highlights some of the injustices and inconsistencies in the current tenancy deposit protection scheme (TDPS) legislation.
The article considers a case heard in May 2009 in the Central London County Court, Jacklin [...]