A Further Deposit From the Court of Appeal
Johnson & Ors v Old [2013] EWCA Civ 415The Court of Appeal has been turning its mind to another of the odd questions that has sprung from the fertile litigious bosom of tenancy deposit protection....
View ArticleLegal Aid Agency FAQs*
The Legal Aid Agency has released a set of ‘frequently asked questions’ on scope and funding after 1 April just gone. A copy is here. The housing section is at 74-109There are few surprises, but worthy...
View ArticleHow Limited is that Partnership?
Salvesen and Riddell & Anor v. The Lord Advocate (Scotland) [2013] UKSC 22It is not common for us to cover Scots Law, or Agricultural Law, here. However, both mores are to be broken in the face of...
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Tenants! Be the best that you can be!
At the very beginning of social housing, with the Peabody Estates in the 1860s, prospective tenants faced imposed requirements that we would now consider to be extraneous to the tenancy: Mandatory...
View ArticleTories to regulate private rented sector? Don’t get excited…
The detail of this may have passed you by at the time, it certainly did me, but amongst the wind and posturing of David Cameron’s ‘big speech’ in March on stopping immigrants from getting things from...
View ArticleRegulatory dilemmas
The Regulatory Committee of the HCA has published Protecting Social Housing Assets in a More Diverse Sector, which is styled as a discussion paper, but which also contains some thought-provoking...
View ArticleWhen is Article 8 available at the enforcement stage of the eviction process?
In R (JL) v SSD [2013] EWCA Civ 449, the Court of Appeal “broke new ground”* by considering how Article 8 applied to the stage at which possession orders are enforced.FactsJL rented accommodation owned...
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The Shape of Things to Come.
In which two Housing Associations behave very badly in anticipation of the benefit cap.Haringey is one of the pilot boroughs for the benefit cap, limiting the total amount of benefit, including housing...
View ArticleIntention and resulting trusts
Chaudhary v Chaudhary (not on bailii yet but on lawtel) is something of a puzzle, which hopefully will be solved when we see the full transcript (hint, hint). It may be important, but it’s a little...
View ArticleTo be incurred or not to be incurred?
Those with good memories will remember that a year or so ago the Upper Tribunal gave judgment in a case called Om Property Management Ltd v Burr (our note here) in which the issue was at what point in...
View ArticleBedroom Tax Judicial Review update
Just to note that the 10 joined bedroom tax Judicial Review claims (for initial details see our note) are listed for full hearing on Wednesday to Friday next week (15-17 May). The claims involve a...
View ArticleYet another one…
The Leasehold Reform Act 1967 gives qualifying long leaseholders of houses the right, inter alia, to acquire the freehold. The definition of “house” is quite technical, but, in essence, it turns on...
View ArticleBeing civil
Morshead Mansions has been involved in a quite astonishing amount of litigation. Bailii throws up 13 hits (here), cases in the LVT, Lands Tribunal, High Court and Court of Appeal. It’s really must be...
View ArticlePriority need
Hotak v Southwark LBC [2013] EWCA Civ 515 concerned a short point on whether an authority was entitled to have regard to the assistance that a homeless person would receive, in the event he became...
View ArticleNight Shelters, dwellings and housing benefit
This a late note on OR -v- Secretary of State for Work and Pensions and Isle of Anglesey CC [2013] UKUT 065 (AAC) because, bluntly, I had read it quickly at the time and overlooked its broader...
View ArticleThe meaning of care and attention
SL v Westminster [2013] UKSC 27 is a very important case concerning the meaning of “care and attention” in the context of s.21, National Assitance Act 1948.We can only apologise for not writing it up...
View ArticleBenefit Cap Judicial Review underway
A four party judicial review of the Benefit Cap – now under pilot in 4 boroughs and to be rolled out in October – was issued today (Wednesday 22 May). Details are here.The claimants argue that the...
View ArticleShared ownership, Art 8 and A1P1
The entrepreneurialisation of social housing over the last twenty years has led to a diversity in the types of shared ownership. Of course, the standard leasehold type (what in the old days was called...
View ArticleToo soon?
Unusually, this is a published Judicial Review permission decision. Further, Anthony Thornton QC J has ‘certified that this judgment may be cited and referred to in other cases or situations. This...
View ArticleOut of Area Placements
Shelter has recently issued its 2012 statistics of homeless households who were temporarily accommodated outside London. 31 London councils provided data, which have revealed that out of 11513...
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