A look at the latest Housing case law
Leicester CC v Shearer (November 2013)
In the case of Leicester CC v Shearer, the Court of Appeal held that Mrs Shearer, who was widowed following her husband’s suicide, had a public law defence to the claim for possession brought by Leicester CC.
Following the death of her husband, Leicester CC failed to consider granting Mrs Shearer a new tenancy of the property in which she and her husband had lived, and instead advised her to apply for an allocation of a property elsewhere.
She was not told about the possibility of a direct offer of accommodation, which would have allowed her to remain in the property, and therefore the Court found that Leicester CC did not act in accordance with its own allocation scheme and as such could not bring a successful claim for possession of the property.
Request a CallbackRelated Articles
-
Should You Buy Property Personally or Through a Limited Company?
Whether you’re buying your first investment property or expanding an existing portfolio, one of the first questions you’ll face is…
-
Understanding Legal Costs in Private Personal Injury Defence Cases
Legal fees can seem daunting, particularly if you have never instructed a solicitor before. Unlike many other services, there is…
-
Heatwaves, Hot Weather and Personal Injury Claims: When Can You Claim Compensation After an Accident in Extreme Heat?
While many people associate hot weather with relaxation and enjoyment, periods of extreme heat can significantly increase the risk of…