Articles tagged Secure tenancy
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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Succession – the afterlife of the tolerated trespasser
R (Neville) v London Borough of Wandsworth [2009] EWHC 2405 (Admin) [not on Bailii yet]
This was a renewed application for permission for a Judicial Review of Wandsworth’s refusal of a discretionary succession.
Mr Neville had been living with his mother. Mrs Neville had a secure tenancy from Wandsworth from 1999. In April 2004, a suspended [...]
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Continuity of tenancy
London Borough of Lewisham -v- Litchmore. 2 October 2009, Bromley County Court
Since the beginning of replacement tenancies on May 2009, there have, rather surprisingly, not been any reports on cases involving the Housing and Regeneration Act 2008 Schedule 11 s.21 – when the new tenancy and the original tenancy are to be treated as the [...]
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The Housing Law Website – Secure Tenancy
Secure Tenancies are the most common form of tenancies provided by local authorities. The relevant provisions are found in Part IV of the Housing Act 1985 (HA 1985). Amendments have been made by the HA 1988 and HA 1996. To gain possession of a secure tenancy, the landlord must prove one or more of the statutory grounds.
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The Housing Law Website – Non-Secure Tenancy
Although not a true legal classification; the phrase ‘non-secure tenancy’ is often used to refer to a tenancy which would otherwise be secure, (i.e. the landlord and tenant conditions are satisfied), however fall within one of the statutory exceptions. (HA 1985 Sch 1). A landlord may gain possession of a non-secure tenancy with relative ease.
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Boolen clarified
R (Van Boolen) v London Borough of Barking & Dagenham [2009] EWHC 2196 (Admin)
Last in our series of updates is Boolen v Barking & Dagenham. Again we only had a Lawtel note to go on in our previous report, which left us with some questions. Now we have received a transcript – alas not available [...]
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Webb v Wandsworth LBC – Take 2
We first noted Webb v LB Wandsworth [2008] 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 [...]
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Allocations policies: Publication
In R (Boolen) v Barking and Dagenham LBC reported on Lawtel, the Claimant applied for judicial review of the the council’s allocation scheme on the basis that
(1) the council had implemented a “local connection” criterion into its prioritisation decisions after bidding had ended, but that local connection criterion was not set out in the policy [...]
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Pinnock and Proportionality
The CA have just handed down judgment in Manchester CC v Pinnock[2009] EWCA Civ 852, concerning the evidence that can be taken into account to justify a breach of a demoted tenancy at a review panel, the proper role of the County Court in such a circumstance, and the standard to be applied on a [...]
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Guide to Possession – Secure Tenancy – Rent Arrears/Nuisance
As a secure tenant of a local authority or housing trust/housing association the landlord can obtain possession of the property…
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