Monthly Archive for March, 2008

Allocation Judicial Review 2

By NL on 30/03/2008. 2 Comments

This is the second of the two judicial reviews of Southwark’s allocation scheme and arguably the more significant of the two. (The first case is in the previous post.)

R(Faarah) v Southwark LBC [2008] EWHC 529 (Admin) concerned Southwark’s managment of the transition from a points based scheme to a CBL scheme and specifically the award of priority dates in the new Bands.

The applicant had 20 points under a medical assessment pior to the introduction of the CBL scheme in September 2005. Southwark’s points based scheme had four categories – 10, 20, 30 points and ‘urgent medical need’. The CBL has four bands, A to D (no priority). The … Read the full post

Posted in Allocation, FLW case note, Housing law - All and secure-tenancy. Tags: , , , , .

Allocation Judicial Review 1

By NL on 30/03/2008. 0 Comments

I’ve been waiting to post on the outcome of two judicial reviews of Southwark’s allocation scheme for a while, hoping they would appear on BAILII. They haven’t, but Garden Court have briefly set out the cases in their 24 March bulletin. So, here is the first of two posts on these cases.

R(Yazar) v Southwark LBC [2008] EWHC 515 (Admin) concerned Southwark’s inclusion in the Choice Based Letting (CBL) Scheme of a Band 1 (highest) priority for a ‘Social Services Nomination’. The applicant had been recommended for Band 1 priority by her social worker, but housing and social services then denied that a nomination had taken place. Southwark initially … Read the full post

Posted in Allocation, FLW case note, Housing law - All and secure-tenancy. Tags: , , , , .

S v Floyd and a disability defence

By NL on 27/03/2008. 0 Comments

Table of contents for Disability Discrimination

  1. Catching up – Disability Discrimination and possession
  2. Disability and tenancy – More on Malcolm
  3. On impotent landlords and disability.
  4. Disability discrimination – the comparator
  5. DDA and mandatory possession
  6. S v Floyd and a disability defence
  7. Adjourning pending Malcolm in the Lords
  8. And now Malcolm!
  9. Malcolm in brief
  10. Comments on Malcolm in the Lords

This post started as a response to a detailed comment by David Giles, Counsel for Floyd in S V Floyd, on my case report. But his comment and the report by Michael Paget mentioned in my last post – to the effect that Floyd contained a clear rejection of the … Read the full post

Posted in Housing law - All and Possession. Tags: , , , .

HLPA almost live.

By NL on 26/03/2008. 0 Comments

As an experiment, nearly live blogging from the HLPA AGM fell foul of having my mobile turned off. So this is ‘on the way home from HLPA’ blogging instead. Useful talks on Housing Benefit, particularly on the new Local Housing Allowance, in force from 7 April.

Also news that the draft Housing bill due for passage in the autumn contains retrospective provision that all tolerated trespassers still in occupation would gain `replacement` tenacies, and that the Courts would be given discretion to allow either landlord or tenant to claim on breaches of tenancy agreement during the retrospective period of trespasser status. So historic disrepair would be in! No word on … Read the full post

Posted in Benefits, Housing law - All, secure-tenancy and Tolerated trespasser. Tags: , , , .

Nothing for the weekend

By NL on 20/03/2008. 0 Comments

It is about time for a break – 13 detailed posts in the last two weeks, coupled with a frantic time at work, has left me lacking oomph, as devoid of oomph as an omphless thing on a bad day. So there will be nothing more here until after the holiday weekend.

Meanwhile, James Stark of Garden Court North has put up a briefing note on the rejection of Payne v Cooper in Porter v Shepherds Bush (he is not happy). Hat tip to Tony Fearnley.

And if you are in search of further housing goodness, a new blog has just started up. Housed is by the person who has … Read the full post

Posted in Housing law - All, secure-tenancy and Tolerated trespasser. Tags: , , , .

DDA and mandatory possession

By NL on 20/03/2008. 5 Comments

Table of contents for Disability Discrimination

  1. Catching up – Disability Discrimination and possession
  2. Disability and tenancy – More on Malcolm
  3. On impotent landlords and disability.
  4. Disability discrimination – the comparator
  5. DDA and mandatory possession
  6. S v Floyd and a disability defence
  7. Adjourning pending Malcolm in the Lords
  8. And now Malcolm!
  9. Malcolm in brief
  10. Comments on Malcolm in the Lords

S v Floyd [2008] EWCA Civ 201 is a Court of Appeal case in which the Disability Discrimination Act 1995 is considered in relation to a mandatory Ground 8 possession claim by a private landlord.

In some ways, there is nothing particularly surprising in the case – the Court found that … Read the full post

Posted in assured-tenancy, FLW case note, Housing law - All and Possession. Tags: , , , , .

Payne-less

By NL on 19/03/2008. 0 Comments

Table of contents for Tolerated Trespassers

  1. Tolerated Trespassers – the aftermath
  2. Tolerated trespassers: A Luta Continua
  3. Postponing Possession. Are you now and have you always been a tenant?
  4. Assured trespassers?
  5. Assured tenant or trespasser? The waiting begins.
  6. Postponed assured trespassers verdict soon(ish).
  7. Permanent trespassers and enforceable possession orders.
  8. More on London & Quadrant v Ansell
  9. White v Knowsley – Court of Appeal Judgment
  10. Reincarnation of Tenancy?
  11. S.85 Application Randomness
  12. Permanent trespassers – a fan letter
  13. Payne-less
  14. Post mortem revival of tenancy
  15. When does enforceability end?

Porter v Shepherds Bush Housing Association [2008] EWCA Civ 196 is a Court of Appeal judgment on an appeal of an application for revival of … Read the full post

Posted in FLW case note, Housing law - All, Possession, secure-tenancy and Tolerated trespasser. Tags: , , , .
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