Category Archives: Law case report

Law case report

No smoke, no fire …

SPANIEL

Who’d be a smoker today? First it was just a few places, then transport with the trains and busses bringing in a ban, now its banned practically everywhere! Happily I gave up quite some time ago so its not a problem for me. It is going to be a problem for landlords though, particularly HMO…

Reflections on Riverside v. White

Housing associations, in particular Riverside Housing Association, will have been popping champagne corks recently, to celebrate the result of the recent House of Lords decision in the case of Riverside Housing Association v. White. In this case Mr and Mrs White, who were being evicted by their landlords, Riverside, sought to claim that they were…

Landlord success in disability discrimination case

There is an interesting report in the Times on a case, Williams v Richmond Court (Swansea) Ltd (heard on 14 December 2006), on disability discrimination. The landlord was appealing against the Judge’s finding against him at first instance that he discriminated against 81 year old tenant Mrs Williams who had requested he install a stair…

The end of the tolerated trespasser?

For a long time housing law has been bedeviled by a concept known as ‘the tolerated trespasser’ which occurs when a tenant who has had a suspended possession order made against him, breaches the terms of the order but is allowed to stay in occupation. A suspended possession order is where a possession order is…

A new case on section 21 notices

We have recently had a fairly sensible case on section 21 notices, where the Court of Appeal has squashed an attempt by a tenant to wriggle out of getting evicted by claiming that the notice was defective. This was a situation where the fixed term of the tenancy had expired and the landlord was having…