Issue 17 - 22nd May 2006

Monday 22 May 2006

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The website of the Housing Law Practitioners Association has been completely re-vamped and updated.
Click Here to take a look.

The Court of Appeal will give its judgment on the issues arising from use of the Suspended Possession Order Form N28 on Tuesday 23 May. The decision (in Bristol CC v Hassan & Glastonbury) is likely to be available by about noon on that day. Click Here to read

Cases

Desnousse v Newham LBC and others [2006] 17 May, CA, [2006] EWCA Civ 547. The applicant was given a licence by a housing association (PCHA) to occupy privately owned self-contained accommodation in performance of the council's interim duties (owed to her as a homeless person). When the council found her intentionally homeless, she was given notice to leave. The issue in the Court of Appeal was whether she was within the Protection from Eviction Act 1997 so that the owners would need a court order to evict her. The Court held that it was bound by its earlier decision in Mohamed v Manek to hold that the Act did not apply unless that decision was incompatible with Art 8 ECHR. By a majority the Court held that Art 8 did not require a new approach to the issue. Click Here to view the Transcript

Coker v London Rent Assessment Panel [2006] 19 May, [2006] All ER (D) 297 (May). A landlord sought an increase of rent under an assured tenancy using the statutory procedure in HA 1988 s13. The tenant disputed the jurisdiction of the Rent Assessment Committee on the grounds that he held a recently granted fresh tenancy. He said that his previous tenancy had ended by surrender and re-grant when the landlord agreed to change it from business to residential use and changed the terms about insurance. The High Court held that these variations did not amount to a new tenancy and the RAC did have jurisdiction.

Cameron v Network Rail [2006] 18 May, [2006] EWHC 1133 (QB). The issue was whether Network Rail was a 'public authority' for the purposes of the Human Rights Act. The judgment contains the latest review of the caselaw on that subject.

Garden Court Chambers Seminars

14 June - Housing Allocations
5 July 2006 - Recent developments in disrepair
For more details and to book Click Here

 

This Week

22 May 2006 - Rent Increases: Advanced Seminar for HLPA members
For more info Click Here

24 May 2006 - Housing Law: Practical Introductionfrom LAG training
For more info Click Here:

25 May 2006 - Housing Allocations & Homelessness Jordans training:
For more info Click Here

25 May 2006 - Recent issues in homelessness & allocations forum a SHLA seminar. For more details email info@shla.org.uk

14 June 2006 - Defending Possession Proceedings from LAG training:
For more info Click Here

4 July 2006 - Housing Law: The Legal Update in York.
For more info Click Here

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