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 +

Disrepair – counterclaims after possession order.

Here is an interesting prospect* (and a big tug of forelock to Beatrice Prevatt at Garden Court for the initial suggestion).  Can a counterclaim for disrepair be brought after a possession order is made?

Conventionally, we’ve thought that a counterclaim would have to be raised before a possession order, or the complex and fraught option of applying to set aside the possession order would have to be followed, even assuming there was actually any basis for such an application. But there appears to be a solid argument based on Court of Appeal precedent to suggest otherwise.

Rahman v Sterling Credit Ltd [2001] 1 WLR 496 [Read the full post

Posted in assured-tenancy, Disrepair, FLW article, Housing law - All, Possession, secure-tenancy | Tagged , | 16 Comments

Job Ad

Shelter

Housing Solicitor
£33,127 pa, plus excellent benefits
Sheffield

Closing date: 22 April 2014

We’re looking for an accomplished housing solicitor to deliver a specialist legal casework service in housing law, to represent homeless people or people in housing need.

If your experience of housing litigation includes issues such as homelessness, security of tenure and possession proceedings, consider a move to Shelter. We provide the ideal environment in which to use your expertise to deliver a specialist legal casework service in housing law.

Benefits include 30 days annual leave, the possibility of flexible working and significant opportunities for learning and development.

Your key responsibilities:

• Provide professional legal advice and … Read the full post

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

Not adding up

As the number of people becoming homeless from private sector accommodation continues to rise, and as private sector accommodation is used for discharge of duty and temporary accommodation by Councils, the issue of affordability becomes more and more important. Both intentional homeless decisions and suitability decisions can rest on affordability.

The Court of Appeal considered affordability and the proper approach to it in Farah v London Borough of Hillingdon [2014] EWCA Civ 359.

This was the second appeal of Hillingdon’s s.202 review decision upholding the first decision that Ms Farah was intentionally homeless from her private sector tenancy because she had failed to pay the full rent.

Ms F applied … Read the full post

Posted in FLW case note, Homeless, Housing law - All | Leave a comment

Let’s all talk about Wales

We don’t often publicise events here, but given that this one involves at least couple of the NL team, we are damn well going to.

Housing Law:
The Welsh Devolution Effect
1st May 2014

Cardiff Law School, Museum Avenue, Cardiff, CF10 3AX

 

A one day conference run by the University of Bristol Law School, Anthony Gold, and Arden Chambers examining the two major housing Bills in Wales, the Housing (Wales) Bill and the Renting Homes (Wales) Bill.

The Welsh Government is carrying through a substantial legislative programme reforming all aspects of housing and tenancy rights and responsibilities. These significant changes will ultimately lead to an effective separation of Wales … Read the full post

Posted in Assured Shorthold tenancy, assured-tenancy, Homeless, Housing law - All, Licences and occupiers, secure-tenancy, Various (non-housing) | Tagged | Leave a comment

Child’s rooms and odd rooms

I’ve added a couple of new bedroom tax First Tier Tribunal decisions to the FTT page.

There is a Newcastle decision (Reasons here. Known as the Isos decision after the landlord who supported the appeal) which is a separated family decision. The appellant’s son stayed some 4 nights a week with him, but the mother was the one in receipt of child benefit. The Tribunal decided, despite the Council pointing out that the guidance they had received was that only the parent with child benefit should be the one not to face the bedroom tax, that the bedroom was clearly the son’s bedroom and that the appellant’s … Read the full post

Posted in assured-tenancy, Benefits, FLW case note, Housing law - All, secure-tenancy | Tagged | 7 Comments

Job Ad

SHELTER

General Counsel

£44,035 per annum, plus excellent benefits
London

Closing date: 15 April 2014

Interviews to be held Friday 2 May 2014 in London

We’re looking for an accomplished Solicitor with considerable post qualification experience gained in private practice or in-house, to take on the specialist role of General Counsel.

This new role will lead our in-house professional legal support function with responsibility for compliance and good practice and manage our specialist policy and casework and legal writing teams

This post will work closely with the National Legal Services Manager who manages the 100 fee earners and support staff, including 45 solicitors delivering high quality housing advice and litigation … Read the full post

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