Everyone in – Lambeth lacking a policy
R(Cort) v London Borough of Lambeth (2022) EWHC 1085 (Admin) While in some ways this is a decision on an historic context (hopefully), there is a lot in this judgment on local authority approaches to...
View ArticleU definitely can’t do this.
Hammad & Hammad v Paolini. County Court at Clerkenwell & Shoreditch. 27 June 2022 (We’ve seen a note of judgment) Yes, even while large chunks of the government resign and (as of this point in...
View ArticleAffordability and intentional homelessness – assessments and guidance
Baptie v The Royal Borough of Kingston Upon Thames (2022) EWCA Civ 888 This was a second appeal, brought by RBKT from a s.204 appeal that had overturned their decision that Ms Baptie was intentionally...
View ArticleRabbit holes to fall down
In case you are in need of distraction from the heat/the tory leadership contest/getting your first, second or third bout of covid/the general state of all things, may I present a small collection of...
View ArticleRent Repayment Orders in the Upper Tribunal
A few Upper Tribunal appeals on rent repayment orders, in particular on the level of award, conduct and mitigating factors. Aytan & Ors v Moore & Ors (HOUSING – RENT REPAYMENT ORDER) (2022)...
View ArticleHomelessness updates
Abdikadir v London Borough of Ealing (2022) EWCA Civ 979 Where an offer of out of borough accommodation had been made and refused, and a discharge of duty upheld on review, did the council’s failure to...
View ArticleAssorted notes: joint tenancies, RROs – rent arrears and late evidence, and...
Pile v Pile (2022) EWHC 2036 (Ch) The High Court confirms that Procter v Procter (2022) EWHC 1202 (Ch) is authority for the proposition that it is not a breach of trust for one joint tenant to give...
View ArticleSolicitors’ agents and rights of audience – appeal decision
[Updated 8 August 2022 to correct re LPC being on the record as party’s solicitor and significance of this.] This is an issue that has come up here a few times (eg this post and this post) – the rights...
View ArticleHomelessness – suitability and distance to school
The Queen on the Application of Fokou v London Borough of Southwark (2022) EWHC 1452 (Admin) (not on Bailii, judgment on Westlaw) THis was an application for interim relief in judicial review...
View ArticleBullale again – settled accommodation and intentional homelessness
My grateful thanks to Nick Bano of Garden Court for a copy of this judgment. He sent it to me some time ago, but I then misplaced it, so the delay in this appearing is entirely my fault. Following the...
View ArticleProving things and the perils of pro-forma.
Camfield & Ors v Uyiekpen & Anor (HOUSING – RENT REPAYMENT ORDER – evidence – pro forma witness statements) (2022) UKUT 234 (LC) An appeal from an FTT decision dismissing an application for a...
View ArticleNeeds, not wishes – Housing Needs Assessments and Personal Housing Plans
ZK, R (On the Application Of) v London Borough of Havering (2022) EWHC 1854 (Admin) This was a judicial review of what was claimed to be Havering’s failure to provide a lawful housing needs assessment...
View ArticleNotes and events: rent and evictions freezes, illegal eviction – the police...
A few things of interest… The Scottish government has put the cat amongst the pigeons by announcing that there will be a ban on evictions and a freezing of rent increases until 31 March 2023, to be...
View ArticleMere delicacy or fastidiousness?
Ray v Windrush Riverside Properties Ltd (2022) EWHC 2210 (TCC) An interesting trial judgment on a private nuisance claim that highlights the importance of the nature of the location and has a...
View ArticleResidential care, succession and human rights incompatibility
Dudley Metropolitan Borough Council v Mailley (2022) EWHC 2328 (QB) A quick note on this possession claim, which involves a challenge to Section 87 Housing Act 1985 as incompatible with Article 8 and...
View ArticleRent Repayment Orders in the Upper Tribunal again.
A couple of appeals on rent repayment orders. The first confirming the UT’s approach to assessing what proportion of rent an RRO should be made for. The second on whether someone could be said to be in...
View ArticleProperty Guardians and HMOs – on we go.
Global Guardians Management Ltd & Ors v London Borough of Hounslow & Ors (HOUSING – HOUSE IN MULTIPLE OCCUPATION – CIVIL PENALTY – Housing Act 2004 – whether First or Second Appellant a...
View ArticleUnderstanding the risk of discharge of duty
Our grateful thanks to Angharad Monk of Garden Court (and instructing solicitor Anne Spowart of Morrison Spowart) for this note of judgment in a section 204 Housing Act 1996 appeal of Waltham Forest’s...
View ArticleNo cause of action at common law for wrongful eviction.
Brake & Ors v The Chedington Court Estate Ltd (2022) EWCA Civ 1302 The Brake v Axnoller litigation reaches the Court of Appeal again, this time on the unlawful eviction claim concerning the...
View ArticleRequirements for private sector offers in discharge of duty
Norton v London Borough of Haringey (2022) EWCA Civ 1340 A second appeal from a section 204 appeal of Haringey’s decision to discharge homeless duty following a private rented sector offer (PRSO)....
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