Archive for April 2011
Mobile Homes and Article 8!
In Murphy v Wyatt the Court of Appeal Wyatt brought in a mobile home to replace a dilapidated caravan after her partner Mr Barrett died. The caravan was located on just under 2 acres of rough pasture which the Wyatt’s partner used for his livery busi…
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Pots and kettles
I’ve been reading Morag McDermont’s recent book on the history of the housing association sector and the National Housing Federation, Governing, Independence and Expertise: The Business of Housing Associations. It’s a cracking read and much recommended. It tells the story of the rise of associations, and their development into the business-focused bureaucracies we know and love today. It was as I read this that J flicked over an article about L&Q’s proposed re-development of the Walthamstow dog track. This involves a spat between L&Q and Iain Duncan-Smith – as NL observed in correspondence, it’s* difficult to know which of those two you’d like to see… Read the full post
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Business Tenancies
Its been a while since we blogged on business tenancies so here goes.
In Somerfield Stores Ltd v Spring (Sutton Coldfield) Ltd the tenant held a supermarket and adjoining land under three commercial leases which expired in March 2008. The year before …
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Its Cold In There
Bristol City Council v Aldfrod Two LLP [2011] UKUT 130 (LC) The Upper Tribunal (Lands Chamber) has recently ruled on the proper use of improvement notices under the HHSRS. When I say recent I should actually say a little while ago. You can blame the recent spate of good weather and a short spell of [...]
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Permission and costs
Cockett v Moore [2011] EWCA Civ 493 (Casetrack only; noted on the GC Bulletin). The Court of Appeal has refused permission to appeal in this costs dispute. Mr Moore was the tenant of Ms Cockett in a one bed flat. There appear to have been a series of tenancy agreements and, at times, a romantic [...]
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Eviction without notice or permission
Pritchard & Ors v Teitelbaum & Ors [2011] EWHC 1063 (Ch) This case forms part of the aftermath of Fineland Investments Ltd v Janice Vivien Pritchard [2011] EWHC 113 (Ch) (our report here). It appears that Ms Pritchard was not going to take either the possession order granted in that case, or indeed her subsequent [...]
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Cock up, not conspiracy…
Allen v Southwark LBC [No.2] [2011] EWCA Civ 470 I haven’t been able to find a report on this case, save for a note in the Garden Court Housing Law Bulletin for 26 April 2011. If anyone has a transcript, we’d be very keen to see it. This looks like the end for Mr Carlos [...]
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A room of one’s own
Virginia Woolf famously remarked that for a woman to write fiction, she required enough means to support herself and a room of her own. For homeless applicants, though, sometimes separated spaces can be the problem. Aliya Sharif v Camden LBC [2011] EWCA Civ 463 (on Lawtel, not on Baili yet) The issue on [...]
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A limited enjoyment?
Beedles v Guinness Northern Counties Ltd [2011] EWCA Civ 442 This was the appeal of the first instance decision in Mr Beedle’s claim under the Disability Discrimination Act 1995, Section 24C. We reported that case here. As we noted in that report, this is of significance for the Equality Act 2010 as the relevant provisions [...]
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Let’s all move to … Wales*
Forgive the slight delay in picking this up, but the Welsh Assembly has issued a consultation on a new Code of Guidance on allocations and homelessness (closing date 30.06.2011; comments to Affordablehousing.actionteam@wales.gsi.gov.uk or by post). By any stretch, this 271 page document is a real achievement because (a) it refers where necessary to relevant case law, other guidance and research reports, from which it seeks to learn (genuinely) (b) does what CLG has singularly failed to do and updated its Code in its entirety, including (for example) reference to the proper places for eligibility enquiries, and (c) provides really quite helpful advice to housing officers… Read the full post
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