Issue 8 - 6th March 2006

Monday 6 March 2006

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***IMPORTANT NEWS***

The House of Lords will give its judgment this coming Wednesday 8 March 2006 in the cases Leeds CC v Price and Lambeth LBC v Kay which will decide the extent to which Art 8 ECHR ('right to respect for a home') impacts upon claims for possession in housing and gypsy cases. The judgment will be available after 11am on Wednesday - please click here .

Cases

Court of Appeal

Harlow DC v Hall. 28 February 2006. [2006] EWCA Civ 156. Secure tenant. Rent arrears. Possession order in terms of Form N28 (suspended possession order) made on 12 Jan 2005 requiring possession on 9 Feb 2005 not to be enforced if current rent plus £10pw paid. On appeal, Court of Appeal held that the order terminated the tenancy on 9 Feb 2005. Consequences of former tenant's bankruptcy on 10 Feb 2005 considered. Click here for the transcript.

Vinaver v Milton Ashbury Ltd 28 February 2006 [2006] All ER (D) 400 (Feb). Claimant in her 80s and her dyslexic son enter into series of property transactions with defendant property company and its directors. Judge holds that despite absence of express declaration she has a beneficial interest in the properties acquired based on common intention. Appeal dismissed.

Admin Court

R(Paul-Coker) v Southwark LBC 3 March 2006. [2006] All ER (D) 39 (Mar).CO/818/2006. Claim for judicial review of local authority refusal to provide accommodation pending review of a decision on claimant's homelessness application that she was ineligible (person from abroad and/or not habitually resident). Claim allowed and decision quashed. Defendants decision failed to demonstrate that it had given sufficient consideration to factors urged by Claimant's solicitors as to why accommodation should be provided pending review.

Articles

University Challenge: S. Povey reviews issues around private sector lettings to students at [2006] March/April ROOF 35

Residential Property Tribunals under the Housing Act 2004: H. Clarke [2006] March LEGAL ACTION 17

Reapplications under the homelessness legislation: I. Loveland [2006] March LEGAL ACTION 19

Claiming damages: a public law perspective: J. Compton surveys prospects of compensation for breach of duty owed to the homeless in [2006] March LEGAL ACTION 23

Recent developments in Housing Law: J. Luba QC and HHJ N. Madge [2006] March LEGAL ACTION 27

Free housing law seminars

29 March 2006 Gypsy Law Update

10 May 2006 Tolerated Trespassers andRestoring Tenancies

24 May 2006 Housing Allocations

Click here for further information. Other notable dates

15 March 2006: Human Rights & Housing. HLPA meeting London: Click here for further information.

24 March 2006: Jan Luba QC and Andrew Arden QC speak at Social Housing Law & Practice Conference. Click here for further information.

16 May 2006: Housing Law, An Update. Click here for further information.

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