Court of appeal to decide what is a protected caravan site

In Brightlingsea Haven v Morris [2008] EWHC 1928 (QB), the High Court considered whether Haven Village in Brightlingsea was a “protected site” within the meaning of the Caravan Sites Act 1968. This is an important question because the Mobile Homes Act 1983 grants a degree of security of tenure to residential occupiers of mobile homes […]

Remedying immoral use

Patel v K&J Restaurants [2010] EWCA Civ 1211 deals with a number of interesting questions concerning relief from forfeiture. Although the lease in question (of a restaurant and residential flats) fell within the Landlord and Tenant Act 1954, the case has wider implications for anyone dealing with relief from forfeiture, particularly where there has been […]

If you’ve got a spare 30 mins

The Lord Chancellor, the Rt Hon. Ken Clarke QC MP gave a surprisingly frank interview to Law in Action this week. It’s available on the BBC iplayer, here, for the moment and is very much worth 30 mins of your time. The questions on legal aid and, in particular, housing and legal aid are rather […]

Parish notices

Our friends at the LAPG have reminded us that the All Party Parliamentary Group on Legal Aid meets on Wednesday 24 November in Committee Room 14 of the House of Commons between 2 and 4 pm. The speaker will be Jonathan Djangoly MP, Minister for Courts and Legal Aid. It is anticipated that the MoJ […]

Equality Act 2010

I’m going to level with you, dear reader(s), I’m a bit late with this one. In my defence, I point to the fact that the Act as printed is around 250 pages long, consisting of 218 sections and 28 schedules. The explanatory notes run to over 160 pages. There is then a further 650 pages […]

Two More Housing Act 2004 Appeals Reach the Lands Tribunal

Relatively few appeals to the RPT reach the Lands Tribunal. However decisions in two have recently been published on their website. Hanley v Tameside Metropolitan Borough Council is an appeal against the service of a Prohibition Order. These Orders are made under the HHSRS, in Part 1 of the Housing Act 2004, and prohibit the […]

Pathway plans and duties

In R(A) v Lambeth LBC [2010] EWHC 1652 (Admin) (Claim 1) and [2010] EWHC 2439 (Admin) (Claim 2), Kenneth Parker J considered first whether it was proper for a personal advisor to complete a ChIldren Act 1989 pathway plan, and, secondly, the degree of specificity required in such a plan.  A had a troubled upbringing, having been involved […]

Allocations: Overwriting the effective date

One of the key things that choice-based lettings is designed to achieve is openness and transparency in housing allocation (or lettings, if you prefer).  It does so mostly by using a relatively crude mechanism of determining priorities in and between bands/groups/classes: waiting time.  In the early schemes, waiting time could be nobbled by adding periods […]