Issue 12 - 3rd April 2006

Monday 3 April 2006

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Government and legislation

Housing Act 2004: the most important provisions of the Act - dealing with the new hazards standard, houses in multiple occupation, empty property management and selective licensing all come into force this Thursday. For more information Click Here

 

Cases

Warfield Park Homes Ltd v Warfield Park Residents Association [2006] 27 March, CA [2006] EWCA Civ 283. This was a complex dispute between the owners of a mobile home park and the residents' representatives over a proposed increase in the pitch fees. The Court of Appeal judgment considers the impact of price controls on gas, water and electricity re-sale and on the reasonableness of the proposed pitch fee.

Basildon DC v Wahlen [2006] 28 March, CA [2006] EWCA Civ 326. Mr W succeeded to a secure tenancy of a three-bedroomed house. The council sought possession for under-occupation and offered re-housing: HA 1985 Sch 2 Ground 16. Mr W exercised the right to buy and sought to compel performance of that right: HA 1985 s138. The Court of Appeal set out guidance for determining the order in which the claims should be heard, if not heard together.

Notting Hill Housing Trust v Roomus [2006] 29 March, CA [2006] All ER (D) 432 (Mar). Claim for possession against a periodic assured shorthold tenancy defended on grounds that the HA 1988 s21 notice was invalid. The notice required possession "at the end of the period" of tenancy expiring 2 months after the notice. The Court of Appeal held that this meant "after the end of" that period and therefore complied with s21.

Islington LBC v Uckac [2006] 30 March, CA [2006] EWCA Civ 340. Secure tenancy granted to Mr U following a homelessness application. Assigned by him to Mrs U. Council claimed that the tenancy was obtained by misrepresentation and sought possession. Claim dismissed because: (1) Ground 5 Sch 2 HA 1985 is not available in relation to possession claimed against the assignee of a tenancy; and (2) rescission for misrepresentation is not available because HA 1985 contains a complete code regulating when a secure tenant's landlord can end the secure tenancy. Appeal dismissed.

Martin v Medina HA [2006] 31 March, CA [2006] EWCA Civ 367. Secure tenant exercised right to buy and that right was admitted but no further action taken to complete sale. Claim by tenant for injunction 15 years later to compel completion of transfer under HA 1985 s138 dismissed. Court of Appeal dismissed tenant's appeal

Articles

· Holbrook & O'Toole Possession Orders [2006] 150 Sol Jo 323

· Wragg An anti-social burden [2006] 156 New Law Jo 441

Free housing law seminars

10 May 2006 Tolerated Trespassers and Restoring Tenancies

24 May 2006 Housing Allocations

5 July 2006 Recent developments in disrepair

Click here for further information.

Other notable dates:

19 April Defending ASBO applications For more info on LAG training: Click Here

16 May Housing Law: The UpdateFore more info on CIH training: : Click Here

25 May Housing Allocations & HomelessnessFor more info on Jordans : Click Here

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