Author Archives: Giles Peaker

Giles Peaker is a solicitor and partner in the Housing and Public Law team at Anthony Gold Solicitors in South London. You can find him on Linkedin and on Twitter. Known as NL round these parts, and still is Nearly Legal on Google +

Temporary accommodation at a peppercorn rent

This is a fascinating judicial review case. While the specific facts might only apply to a very few people, there is an interesting principle in it which may have wider application.

R (OAO Yekini) v LB Southwark [2014] EWHC 2096 (Admin)  [Not on Bailii yet. I've got a transcript]

Just to set the scene, Ms Yekini was a Zambrano carer (meaning no immigration leave to remain of her own, but as the carer for a British citizen child , see here).  Ms Y had applied to Southwark as homeless in February 2012 and Southwark had accepted that she was eligible and owed the housing duty. She was placed in … Read the full post

Posted in Homeless, Housing law - All | Tagged , , | 12 Comments

Bad reviews and a future of bunk beds

Temur v London Borough of Hackney [2014] EWCA Civ 877

This second appeal to the Court of Appeal from a s.204 Housing Act 1996 appeal raises three important questions. Unfortunately, the answers to them are rather brief and rather negative. The issues are i) whether a s.202 review of a s.184 decision can come to a finding which is substantially worse for the applicant that the original s.184 decision; ii) whether a review officer should conduct a hazard assessment (Housing Act 2004) when considering whether it is reasonable for an applicant to occupy their accommodation; and iii) how far should a review officer look to the future when considering whether … Read the full post

Posted in Homeless, Housing law - All | 5 Comments

Job Ads

Brent Community Law Centre

1) Housing Solicitor

Fixed Term 2 year contract
Full-time (The Law Centre will however attempt to accommodate part time/job share candidates)
Salary: £32,606 per annum
30 days annual leave + 3 over Xmas/NY + Bank Holidays
Pension scheme

Brent Community Law Centre provides quality legal advice and representation in housing law, and a generalist telephone legal advice line. We have a small but effective Housing team with a varied caseload.

We are seeking to appoint a Housing Solicitor on a 2 year contract, to carry out a range of housing law advice and representation, including public law challenges. The position may result in a permanent post, … Read the full post

Posted in Various (non-housing) | Tagged | Leave a comment

Privacy, lifts and bedrooms

An interesting First Tier Tribunal decision from Sunderland (Statement of Reasons).

The claimants/appellants were joint tenants of what had been a three bedroom property. One of the joint tenants suffers from severe and degenerating muscular dystrophy, and had been reliant on a wheelchair for the last 14 years. In about 2006, the property had been adapted in view of the tenant’s disability. Two bedrooms were knocked into one large one and the existing stair lift was replaced by a vertical lift from the living room into what had been the third bedroom.

Despite this, the property was assessed by the council as having two bedrooms (originally they found … Read the full post

Posted in assured-tenancy, Benefits, Housing law - All, secure-tenancy | Tagged | 4 Comments

Domestic violence and the bedroom tax

A judicial review of the bedroom tax has been given permission, where the claimant is a victim of domestic violence who has received support to remain in her home through a ‘sanctuary scheme’.

The woman, a victim of rape, assault, harassment and stalking by an ex-partner, lives in a three bed property with her 11 year old son and has had a 14% reduction in HB applied. The property had been previously adapted under the ‘sanctuary scheme’, with a ‘panic space’ installed in her home, and a specialist ‘sanctuary system’ installed.  This includes expensive reinforced doors, electric alarms, a marker on the house and alarms linked to the police station.… Read the full post

Posted in assured-tenancy, Benefits, Housing law - All, secure-tenancy | Tagged , | 3 Comments

Make do and mend: Undoing Superstrike on deposits

The Govt has published the text of the Government amendment to the Deregulation Bill that is proposed to deal with tenancy deposits and specifically the Superstrike position of a new tenancy (and requirement to re-protect the deposit and re-serve the prescribed information) arising when a fixed term ends and a statutory period tenancy begins.

The text of the amendment – a new S.215A to S.215D to the Housing Act 2004 – is at page 10012 onwards in that link and below.

Briefly, the effects appear to be:

  • Where a deposit taken on a fixed term tenancy after April 2007, and protected and Prescribed Info served, this is treated as if
Read the full post
Posted in Assured Shorthold tenancy, Housing law - All, Possession | Tagged , , | 18 Comments