Articles tagged Assured tenancy
Don’t forget to file and serve…
Cadogan v Chehab [2009] EWHC 3297 (Admin), (only available on Casetrack) is noted in the current edition of Legal Action, but, so far as I can tell, hasn’t been picked up anywhere else. It’s only worthy of a short note though, which is set out below.
Chehab was the assured tenant of a flat owned by [...]
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When does a tenancy begin?
Lynch v Kirby, QBD, 28.1.10 before Nicola Davies QC sitting as a Deputy Judge is – according to Casetrack – in the process of being written up. I became aware of it as a (very) short note on the Garden Court bulletin last Monday. I doubt that it’ll set the legal world on fire as [...]
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Condensed Condensation
Herelle v South London Family Housing Association Limited, Lambeth County Court, 26 November 2009
Ms Herelle was the assured tenant of SLFHA (now part of Horizon Housing). Her tenancy of the one bed flat began in September 2001. There had been problems with the property since early in the tenancy including mould growth, an unpleasant odour [...]
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Condensed Condensation
Herelle v South London Family Housing Association Limited, Lambeth County Court, 26 November 2009
Ms Herelle was the assured tenant of SLFHA (now part of Horizon Housing). Her tenancy of the one bed flat began in September 2001. There had been problems with the property since early in the tenancy including mould growth, an unpleasant odour [...]
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Catching up with LAG
The January 2010 Housing updates in Legal Action have some County Court case reports that hadn’t reached us. You will naturally have already read them in Legal Action, but for our archives…
Tenancy Deposits
O’Brien v Hill Barnet County Court 22/09/2009
Mr O’Brien granted Mr Hill a 12 month AST on 9 June 2008. He served a [...]
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Rent arrears, transfers and Weaver in operation
McIntyre & Anor, R (on the application of) v Gentoo Group Ltd [2010] EWHC 5 (Admin)
This was the judicial review of North Sunderland Housing Company’s refusal to permit an exchange of homes by the Claimants, joint assured tenants, with another NSHC assured tenant. NSHC are a subsidiary company of Gentoo and no points were taken [...]
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Disrepair miscellany
The December Legal Action also has the annual housing repairs update. A big tip of the hat to Beatrice Prevatt.
We’ve covered most of the cases here, but there are some others that are well worth a mention…
Brunskill v Mulcahy [2009] EWCA Civ 686 (no link)
This was a claim under S.11 Landlord and Tenant Act 1985 [...]
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Tenant 1 – 0 Receiver
B v N and others [2009] EWHC 2884 (Admin)
The Criminal Justice Act 1988 makes provision for the confiscation of the proceeds of an offence. In the case of realisable property (such as a residential home), s.80(2) permits the appointment of a receiver, who, in turn, is empowered to recover possession of the property. By s.80(4)
The [...]
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Weaver – the reason for refusal
Following on from our note on the refusal of permission by the Supreme Court for Weaver v L&Q, we have now seen a copy of the Order. Lords Hope and Brown and Lady Hale refused permission to appeal on the ground that
“the application did not raise an arguable point of law of general public importance [...]
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A housing uncooperative?
The case of Mexfield Housing Co-Operative v Berrisford [2009] EWHC 2392 (Ch) illustrates the potentially precarious situation in which the tenant of a fully-mutual Housing Co-operative may find themselves.
The facts are simple. Miss Berrisford had been a tenant of Mexfield since 1993, she had difficulty with her rent so that she fell into arrears [...]
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