Many of us believed that once the FSA got its teeth into the sale and rentback market, it would be cleaned up and become effectively a residual (perhaps forgotten) backwater of the impact of debt on home owners. Unregulated transactions have given rise to complicated issues of property law as a result of the unfortunate ways in which the transactions progressed and which have (so far) been decided against the seller/renters. But surely the regulated market would be clean and proper. Not so: the FSA has completed its review of the market and effectively shut it down. Its findings make for grim reading and regulated sales look likely to … Read the full post
Author Archive for Dave
Wychavon DC v EM is a double decision, so to speak, by Judge Mark on a housing benefit matter, with broader implications regarding incapacity. In essence, EM is profoundly disabled (mentally and physically). Her parents moved her from a care home, with the support of Worcestershire CC (which also encouraged the understanding that entitlement to HB would follow), to an annex they constructed at their home. EM had previously lived in the garage at their home, but this was unsuitable as EM required round the clock care from three carers, who needed their own accommodation. EM’s parents could not afford this new arrangement without housing benefit. EM’s dad entered into … Read the full post
Cook v The Mortgage Business PLC et al [2012] EWCA Civ 17
[note for law students: this is a really important case on land registration in which the principles in Abbey National BS v Cann are considered and applied. Please note that we do not write essays for you or respond to queries which assist you in writing your essays - we get quite snippy about such enquiries so beware. As an academic and property law teacher myself, I get quite irate with those enquiries. However, if you want to engage with us and our writing, we would be really happy and will respond in kind.]
Every generation seems to … Read the full post
In our shiny bright new year, DCLG is consulting on a new version of the Allocations Code of Guidance following the enactment of the Localism Act 2011, which has made several seemingly minor substantive alterations to Part 6, Housing Act 1996 (although those alterations are hugely significant practically). The closing date for the consultation is 30.03.2012, and responses can be sent by email to housingreform@communities.gsi.gov.uk or by post to the lovely Frances Walker at DCLG, Zone 1/J9, Eland House Bressenden Place London SW1E 5DU. That’s the formal stuff, now the content, followed by some comments.
It needs to be remembered that the backdrop to the Consultation is the redraft to … Read the full post
We have previously commented on various housing and homelessness developments in Wales. These have been individual interventions into homelessness and the legislative competence order giving legislative housing powers to the Assembly. Moves are now afoot to do something radical with housing. In December 2011, Huw Lewis, the Minister for Housing, Regeneration and Heritage, published a wide-ranging and quite personal vision for the future of housing policy in Wales: Meeting the Housing Challenge: Building a Consensus for Action. It is both thoughtful and thought-provoking, but without much detail (yet). Views are sought by 17.02.2012 by email to housingministerialstatement@wales.gsi.gov.uk. It looks like housing policy in Wales may well be moving … Read the full post
Push the bad news out just before Christmas seems to be a pretty good rule of thumb. Our previous post on the housing strategy, Laying the Foundations, led to a number of comments about the right to buy proposals in that document, which were all pretty vague. Today, DCLG has published Reinvigorating the Right to Buy and One for One Replacement, which provides some further flesh on the bones, although they are no further forward in working out how best to distribute the funds which are assumed to increase. They are assumed to increase because the government intends to increase the cap on the discount to £50,000. The … Read the full post
Three decisions of the Administrative Appeals Chamber of the Upper Tribunal on HB matters stand out: SS v North East Lincolnshire Council (HB) [2011] UKUT 300 (AAC); MB v Royal Borough of Kensington & Chelsea (HB) [2011] UKUT 321 (AAC); MR v Bournemouth Borough Council (HB) [2011] UKUT 284 (AAC). If anything binds them together, it is the failure of the first tier tribunal to get to grips with a case, the problems caused by non-attendance of the Claimant or the attendance of the unrepresented Claimant, and the ability of the Upper Tribunal (by contrast) to nail the issues.
In SS, the issue arose because the first tier tribunal … Read the full post
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