Archive for October 2009
Urban Myth – tenancies must be ‘renewed’ when the fixed term ends
This is a myth largely created by letting agents, as an important part of their income stream comes from charging landlords for ‘renewals’ for tenants. But they are not actually necessary.
In a way, this post follows on from my last Urban Myth post about tenants staying on after the fixed term not being squatters. In [...]
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Where next for the Private Rented Sector?
At the recent CLT Conference I attended, there was an excellent talk by Professor Martin Partington OBE (former Law Commissioner) on possible future developments in the Private Rented Sector (PRS). I set out below a very condensed version of his notes (with his permission).
He started by saying that the PRS is now a key feature [...]
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Applying to set aside possession, or when is a trial not a trial?
Forcelux Ltd v Binnie [2009] EWCA Civ 854
This was the Court of Appeal hearing of an appeal from a decision by a Circuit judge on an appeal from a order to set aside a possession order and grant of relief from forfeiture (Still with us? Good). It is potentially an important case for anyone [...]
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I think they’re trying to tell us something
The European Court of Human Rights has just given judgment in Paulic v Croatia (App. No. 3572/06), a case on Article 8 and possession proceedings. Given the unbroken trend of authority from Connors to Zehentner, via McCann and Cosic (all noted in the excellent and Tarantino-themed post by Dave, here), it shouldn’t be too difficult [...]
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A quick update from the ECJ
Readers might remember the case of LB Harrow v Ibrahim and another [2008] EWCA Civ 386 (noted by us here) where the Court of Appeal referred three questions to the ECJ concerning the rights of residents of family members of former Community workers.
The Advocate General (Mr Mazak) has now delivered his opinion in the case, [...]
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Thoroughly premature planning injunction…
Brentwood Borough Council v Ball & Ors [2009] EWHC 2433 (QB)
This was the hearing of an application for an injunction by Brentwood BC. The defendants were six gypsies who had together purchased a plot of land, called Plot 3, in 2009. This was designated agricultural land in Brentwood’s area.
At the time of purchase, the plot [...]
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Lost by translation
Ali v Birmingham City Council [2009] EWCA (not reported yet. Note from an Arden Chambers eflash pdf).
Mr Ali, who is Somalian, applied as homeless to Birmingham. At interview he was noted as speaking and understanding English. he was given a leaflet in a number of languages, including Somalian, with details of translation services.
Birmingham accepted a [...]
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Long on principle, short on detail
S (A Child), R (on the application of) v Plymouth City Council [2009] EWHC 1499 (Admin)
Not sure how we missed this one and thanks to the Legal Action housing updates for the elbow to the ribs.
This was a permission hearing on an application for judicial review of Plymouth Council’s handling of a child in need [...]
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Allocation without Grant
Birmingham City Council v Qasim and others [2009] EWCA Civ 1080 may come as something as a surprise (at least, it did to me) and has rather a lot to say about the importance of allocation schemes under Pt 6, Housing Act 1996.
Birmingham had an employee who took it upon himself to create false computer [...]
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Unlawful Eviction Quantum – from Legal Action
Hunt v Hussain, Epsom County Court 31 July 2009 (LAG housing law updates October 2009)
As ever, the Legal Action housing law updates have some useful cases, this from the October 2009 issue. This is another of the reports on County Court judgments on unlawful eviction and harassment cases that are very useful in assessment of [...]
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