Monthly Archive for October, 2009

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Allocation without Grant

By J on 20/10/2009. 13 Comments

Birmingham City Council v Qasim and others [2009] EWCA Civ 1080 may come as something as a surprise (at least, it did to me) and has rather a lot to say about the importance of allocation schemes under Pt 6, Housing Act 1996.

Birmingham had an employee who took it upon himself to create false computer entries in the BCC computer system, such that it enabled persons selected by the employee to become tenants of the authority. For example, he would find properties where tenants had recently died and then amend the housing file so that Mr X was shown as the joint tenant of Mrs Y and, hence, … Read the full post

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

Unlawful Eviction Quantum – from Legal Action

By NL on 19/10/2009. 2 Comments

Hunt v Hussain, Epsom County Court 31 July 2009 (LAG housing law updates October 2009)

As ever, the Legal Action housing law updates have some useful cases, this from the October 2009 issue. This is another of the reports on County Court judgments on unlawful eviction and harassment cases that are very useful in assessment of quantum.

Mr & Mrs Hussain were freehold owners of a house. Mrs Hussain granted Mr Hunt an assured shorthold tenancy of a room in May 2003 at £90 pw.

Mr Hunt lost his job and applied for housing benefit. Mrs Hussain told him he would have to leave. Despite a warning from the … Read the full post

Posted in FLW case note, Housing law - All and Unlawful eviction and harassment. Tags: , , , .

Limiting the right to buy (in Scotland)?

By NL on 18/10/2009. 0 Comments

The SNP have announced that they intend to abolish the right to buy for all new build council and social housing in Scotland. The policy is intended to safeguard up to 18,000 social homes.

Figures in England show a steep decline in interest in the right to buy and it is hard to see that the last year will have altered that situation. I wonder if something similar may now happen in England and Wales, given that some Councils are building again?… Read the full post

Posted in Housing law - All, right-to-buy and secure-tenancy.

Reasonable excuse

By J on 16/10/2009. 4 Comments

Only tangentially relevant to housing law, but R v Charles [2009] EWCA Crim 1570 is a decision of the Court of Appeal (Criminal Division) dealing with the question of burden of proof for a “reasonable excuse” defence when charged with breaching an ASBO.

An ASBO can be imposed in one of three ways: by complaint to a magistrates’ court (sitting in its civil capacity); by the county court in principle proceedings (i.e. ancillary to another claim) or by a criminal court which has first convicted someone for a relevant offence. In all cases, it is a crime to breach the terms of an order.

Section 1(10) Crime and Disorder Act … Read the full post

Posted in ASB and FLW case note.

Public funding on appeal

By NL on 15/10/2009. 0 Comments

E, R (on the application of) v Governing Body of JFS & Anor [2009] UKSC 1

Our first Supreme Court report and it is a cracker. Not housing law, but legal aid funding is the issue, so those not interested in legal aid issues can look away now…

The issue is legal aid funding for an appeal of a successful claim, itself funded by legal aid. How far can the LSC set conditions on funding for an appeal by the other side?

The issue came out of the Judicial Review of the admission policies of a state faith school run by JFS, [2008] EWHC 1535 (Admin), [2008] EWHC 1536 … Read the full post

Posted in FLW case note and Housing law - All.

Penal Notices on Admin Court orders?

By NL on 15/10/2009. 3 Comments

MSA v London Borough of Croydon [2009] EWHC 2474 (Admin)

A technical point on judicial review cases here, but as it is something I’ve run up against in the past, I think it is interesting.

Collins J considers whether a penal notice should be attached to an order of the Administrative Court made against a public body. This would usually be made out against a named senior officer of the authority and enable an application for committal of the officer on breach of the order. They are, on County Court orders in, for instance enforcement of an order in a disrepair case, remarkably effective in my limited experience. However, Collins … Read the full post

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

Accidental overpayments not recoverable

By NL on 15/10/2009. 0 Comments

Child Poverty Action Group, R (on the application of) v Secretary of State for Work and Pensions [2009] EWCA Civ 1058

This is a benefits case rather than housing per se, but it concerns an important point which will affect many.

An overpayment of social security benefits where the overpayment came about through misrepresentation or failure to disclose on the part of the person claiming can be recovered by under s.71 Social Security Administration Act 1992. However, s.71 only covers these exact circumstances. What of accidental overpayments, through miscalculation or error by the Department?

The Secretary of State asserted that such overpayments could be recovered under common law as a … Read the full post

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