Cornerstone Barristers Special Edition Housing Newsletter: Housing and Planning Act 2016
31st May 2016
The Cornerstone Housing Team has produced a special edition newsletter to highlight the main issues arising from the Housing and Planning Act 2016. The newsletter includes:
The Housing and Planning Act....
Cornerstone Housing Day 2015 - Presentations
3rd March 2016
Presentations from the Cornerstone Housing Day 2015 are now available to view on the newly launched Local Government Law.tv platform.
Click the links below to view previews of the videos.
Key developments in Housing....
s.289 TCPA 1990 appeal: An Inspector must consider the issues in the enforcement notice not what he or she thinks might be the issues
22nd December 2014
In Mohamed v Secretary of State for Communities and Local Government  EWHC 4045 (Admin) the local planning authority was concerned about the erection of a dwelling in the rear garden of residential premises. A pre-existing garage had been modified. The enforcement notice was directed at the erection of a dwelling, the Inspector's report, on appeal, did not. Ms Mohamed accepted that the garage roof had been altered. The Inspector's report, which was disarmingly short, dealt with the use of the garage as a dwelling but not the erection of a dwelling.
A possession order is always best: Cornerstone Barristers succeed in Supreme Court unlawful eviction case
3rd December 2014
Today the Supreme Court ruled, in Loveridge (AP) v Mayor and Burgesses of the London Borough of Lambeth, (click here to see the judgment) that statutory damages for unlawful eviction are calculated in the same way regardless of whether the landlord is a public sector or private sector landlord. In calculating statutory damages the effect on the value of the landlord's building of the tenant's security of tenure before eviction is crucial.
Court of Appeal clarifies Nearest Relative role
23rd October 2014
A Nearest Relative is entitled to seek a discharge of a patient detained under section 3 Mental Health Act 1983. And the patient will be discharged unless the Responsible Clinician,....
Housing Newsletter October 2014
17th October 2014
Please click here to see our latest housing newsletter.....
Supreme Court to consider unlawful eviction
15th October 2014
Next week Michael Paget will be appearing in the Supreme Court for Mr Loveridge. He was a secure tenant who was unlawfully evicted by his landlord, Lambeth LBC.
The FCA-ordered Review into Interest Rate Hedging Product Mis-selling
23rd July 2014
Many individuals and businesses were forced by banks to buy SWAP products as a condition of obtaining loans. Many of those products were mis-sold and will be part of the current Review. The financial press report that the banks are now setting aside more funds than they have done for PPI claims. There were up to 40,000 mis-sold products – this problem is huge.
Mortgage Repossession: Disposing of everything left behind.
7th July 2014
The Court of Appeal has just considered the duties of a mortgage company when dealing with a mortgagor's personal possessions left in a property after repossession.
Financial benefit is broader than profit when imposing a fine for failing to comply with an enforcement notice.
1st July 2014
On 14 January 2013 Mr Smith was fined £250,000 for breaches of s179(5) of the Town and Country Planning Act 1990 (one of the highest fines ever made against an individual for this offence).
McIntosh v McIntosh (deceased)  EWCA Civ 557
1st May 2014
Mrs McIntosh was the sole owner of a property where she had lived for many years with her ex-husband. Possession proceedings brought by her estate were resisted by him on the basis of a beneficial interest by way of constructive trust or proprietary estoppel.
Mental Health Act 1983 Code of Practice must change.
3rd April 2014
The Court of Appeal has just decided an important issue about AMHP consultation with a nearest relative prior to 'sectioning' under section 11(4) Mental Health Act 1983
Smith v Doncaster Metropolitan Borough Council  EWCA Civ 16
14th March 2014
9 month committal sentence for breach of planning law upheld even where contempt or no longer in control of the land so no longer any coercive element to sentence. Legal press comment on original sentence
Simpson & Ors (t/a Harrow Solicitors and Advocates v Godson & Ors  EWCA Civ 1339
14th November 2013
Costs order successfully appealed where summary judgment against property owning wife was only partially successful but full costs had been awarded against appellant.
Dunbar Assets PLC v Dorcas Holdings Ltd  EWCA Civ 864,  All ER (D) 159 (Jul)
12th July 2013
A lender held loans secured on a property owned by a borrower company. Acting for partner of director and tenant. The trial judge was satisfied that there was nothing in the defences granted a possession order without a trial nor hearing any submissions. The Court of Appeal set the order aside because it was unjust because of a serious procedural irregularity.
Doncaster MBC v Winstanley  EWHC (QB)  All ER (D) 131 (Jul)
8th July 2013
Committal proceedings where acting for farmer who had already been fined £250,000 for breach of enforcement notices. The High Court imposed a 12 month sentence, suspended only if the site....
Loveridge v Lambeth LBC  EWCA Civ 494
10th May 2013
Statutory damages under s.28 Housing Act 1988 are available against a secure tenant but conversion of tenancy to assured tenancy on sale means no actual damages.
The appeal in the Supreme....
Ali v Khan BM20293CH Chancery Division April 2013
14th April 2013
Successfully resisted appeal against adverse possession finding. Legal owner removed from the Register.....
R(George) v Hammersmith and Fulham LBC C1/2012/1122
28th February 2013
Appeal dismissed by consent on provision of introductory tenancy to failed successor....
Islington LBC v Doner  EWCA Civ 1745
20th December 2012
Appeal dismissed by consent on provision of secure tenancy to failed successor who was vulnerable and not under-occupying normal accommodation.
Please click here to see the Practitioner Comment....
R(George) v Hammersmith and Fulham LBC  EWHC 2369 (Admin)
14th March 2012
Authority's Allocation Policy was a threshold to considering the grant of a discretionary tenancy to a failed successor rather than a gateway into the remainder of the Allocation policy. Authority's....
Flynn v Basildon DC  EWHC (QBD) (IHQ/11/0611)
31st August 2011
The Claimant was a 72-year-old resident of a site at Dale Farm in breach of planning law. The council proposed to carry out a direct action eviction. She brought a claim for breach of the Human Rights Act 1998 and sought an interim injunction to prevent the eviction. The High Court refused the injunction but granted a temporary stay for 7 days to allow the council to review the latest medical evidence about the claimant.
Flynn v Basildon DC  EWHC (QBD) (IHQ/11/0611)
31st August 2011
The Claimant was a 72-year-old resident of a site at Dale Farm in breach of planning law. The council proposed to carry out a direct action eviction. She brought a....
R (otao Diep) v Land Registry  EWHC 3315 (Admin)
3rd December 2010
Adverse possession. The Claimant was a registered proprietor of building and land. The Claimant had used the rear land for storage - On an application for registration of land on....
Henley v Bloom  EWCA Civ 202
9th March 2010
Earlier possession proceedings had been compromised by consent, refurbishment works were undertaken. The Court of Appeal held, in the successful appeal against a new disrepair claim being struck out, that....
R (otao McIntyre) v Gentoo Group Ltd  EWHC 5 (Admin)
4th January 2010
Admin Court finding that landlord's refusal to consent to a mutual exchange because of rent arrears on an unrelated property was unreasonable, a breach of contract and to that extent....
Brentwood BC v Ball & Others  EWHC 2433 (QB)
8th October 2009
Although the Gypsy defendants were living on their land in breach of planning law it would not be proportionate to grant an injunction under s.187B Town and Country Planning Act....
R (otao Ogbeni) v London Borough of Tower Hamlets  EWHC 2444 (Admin)
8th August 2008
Where a full housing duty is owed to a 16 or 17 year old it is also owed to family members who were residing or would be reasonably expected to....
Floyd v S (Equality and Human Rights Commission, intervening)  EWCA Civ 201
18th March 2008
A court does not need to adjourn possession proceedings brought on mandatory grounds for consideration of a Disability Discrimination Act 1995 defence without sufficient evidence of the alleged disability and....
Richardson v Midland Heart Ltd  L&TR 31
14th March 2008
Shared ownership - no beneficial interest in the freehold when 99 year tenancy terminated under Ground 8, Sch.2 HA 1988 - even when 50% market value paid.
Click here to see....