Monthly Archive for September, 2009

Not so much guidance, more of an exhortation

By NL on 29/09/2009. 6 Comments

Back in our post on the 50th update to the CPR, we noted that there was a new requirement from 1 October 2009 for the Claimant in mortgage possession proceedings to notify occupiers of proceedings within 5 days of receiving notification of the date of hearing and, interestingly, to notify the local authority’s housing department under CPR 55. We wondered at the time what local authorities would actually do with these notifications.

And now Housing Minister John Healey has told them and us what they must do. Well, not so much must do as should do. Or perhaps ought to maybe think about doing, at least if they … Read the full post

Posted in Housing law - All and Mortgage possession. Tags: .

Accommodation pending review: Mohammed in action

By NL on 22/09/2009. 11 Comments

R (Gebremarium) v City of Westminster [2009] EWHC 2254 (Admin)

Thanks to the Garden Court housing bulletin for pointing to this one. We had to look around as the judgment is not yet available anywhere except casetrack.

This was the permission hearing of an application for judicial review of a decision by Westminster not to exercise its discretion to accommodate Ms Gebremarium pending a review of its decision to refer Ms G to Cardiff under the local connection provisions.

Ms G is Eritrean. She had been accommodated in Cardiff by NASS following an asylum application. After her asylum application was successful, NASS ended accommodation and she subsequently lived in two … Read the full post

Posted in FLW case note, Homeless and Housing law - All.

Welcome to the High Court …

By Dave on 22/09/2009. 1 Comment

Welcome, Kenneth Parker QC, to the High Court.  In a case which has more of the surreal about it, Kenneth Parker QC, sitting then as a Deputy Judge, had to decide whether to grant leave to a litigant in person to challenge Octavia Housing and Care’s allocations policy as it applied to that particular litigant in person (who did not challenge the lawfulness of Octavia’s lettings policy [and by extension, Locata, the West London sub-regional CBL scheme to which Octavia Hill subscribes]): R(Fidelis-Auma) v Octavia Housing and Care [2009] EWHC 2263 (Admin). Ms Fidelis-Auma wanted to transfer to one of three other flats in the same block as she was … Read the full post

Posted in Allocation and FLW case note.

The lost, confused and angry*

By NL on 21/09/2009. 6 Comments

* as one of our commentors put it.

As the sumer hiatus grinds on (summer- ha!) and we sit on the beach awaiting the return of the intermittent flood tides of housing cases, I was prompted by M’s comment to delve through the rock pools of our search logs for September. And for what is but half a month, we have a fair proportion of the lost, confused and angry washing up on the shores of this blog, like nothing so much as oil soaked puffins or in a couple of cases, irradiated crabs.

We’ll start with those at least vaguely or apparently property law related…

is roadside waste public … Read the full post

Posted in Various (non-housing).

Request for info: Powell v Hounslow

By NL on 18/09/2009. 9 Comments

We have just heard about a case, Powell v Hounslow, which is apparently due to be heard by the Court of Appeal on 15 November. According to our informant, the issue is whether an Art 8 defence can be made by a non-secure tenant in possession proceedings.

We know nothing more, but would very much like to. If anyone involved reads this, could you pass on some details or better yet, a transcript of the first instance hearing and of the issues in the appeal? The usual email address, contact (at) nearlylegal.co.uk, ta.… Read the full post

Posted in Housing law - All, Licences and occupiers and Possession.

Allocations: Risk v Need

By Dave on 18/09/2009. 4 Comments

In R(M) v Hackney LBC [2009] EWHC 2255 (Admin), Cranston J was faced with a difficult case which “… raises the issue of reconciling individual rights with the rights of the community”. The rights concerned were the Claimant’s rights to an allocation of a property which was suitable for him, but unlikely to be so for the community. Rather more mundanely, it demonstrates the difficulty of challenging a local authority decision to regard an applicant as ineligible when the applicant has “… been guilty of unacceptable behaviour serious enough to make him unsuitable to be a tenant of the authority” under section 160A(7)-(8).

The evidence was that the Claimant was … Read the full post

Posted in Allocation and FLW case note.

Without exception

By J on 15/09/2009. 0 Comments

R (Joseph) v LB Newham [2008] EWHC 1637 (Admin)

Blanket policies are unlawful. A first year law undergraduate could tell you that. Any lawyer or public body which didn’t know that would deserve public humilliation, probably involving being slapped across the face with a fish. Even a cursory flick through a public law text book would give you ample support for this elementary proposition of public law.

It is, therefore, something of a surprise to see Stadlen J dealing with… a blanket policy.

Mr and Mrs Joseph are secure tenants of the London Borough of Newham. At some time in the distant past, he was overpaid certain monies (probably … Read the full post

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