Author Archive for NL

Page 2 of 127

Doomed, Doomed I tell you.

By NL on 09/04/2012. 2 Comments

As an illustration of how complex housing law has become, and how difficult for a litigant in person, comes Sheppard v London Borough of Richmond-Upon-Thames [2012] EWCA Civ 302.

This was a failed permission for second appeal to the Court of Appeal, following a failed s.204 appeal to the County Court. Ms Sheppard acted in person. She had applied as homeless to LB Richmond following her eviction from a private tenancy. A month later Richmond found her intentionally homeless on the basis that her eviction was due to persistent refusal to allow gas safety checks.

After a failed review, Ms S appealed to the County Court. Her stated grounds were:… Read the full post

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

“About to be in need” and prospective care assessment

By NL on 09/04/2012. 0 Comments

This is a quick note on the effect of  NM, R (on the application of) v London Borough of Islington & Ors [2012] EWHC 414 (Admin) on when a Council is required to carry out an assessment under section 47 of the National Health Service and Community Care Act 1990.

NM was a prisoner with an upcoming parole hearing. He had significant learning disabilities. Both NM and the parole board wanted to know what accommodation and support would be offered if he was released. If supported accommodation was not available, it was likely that NM would be instead sent to a low security prison. However, Islington (and another local authority) … Read the full post

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

Costs on settled appeals

By NL on 02/04/2012. 0 Comments

A quick note on a useful case on costs where an appeal has been settled. Harripaul v London Borough of Lewisham [2012] EWCA Civ 266 was an appeal to the Court of Appeal from a failed S.204 appeal to the County Court on a homeless matter.

The appeal was given permission, and Rimer LJ

expressed the view that the appellant had a real prospect of showing that the reviewing officer’s decision was materially deficient and that the judge’s upholding of it reflected unjustified benevolence. I regarded the appeal as having merit and I also considered that it would give this court the opportunity to give any necessary guidance as to

… Read the full post

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

Don’t Panic!

By NL on 01/04/2012. 2 Comments

The Residential Landlords Association appears to have got its collective knickers in a bit of a twist over proportionality. According to its press release and a report on 24dash, the RLA has suddenly decided that Powell v Houslow presents a dramatic threat to its private sector members (possibly triggered by our report on Khela v Dainter, heading to the Court of Appeal).

Here is what the RLA have said:

“At present landlords in the private rented sector are able to begin eviction proceedings based on a tenant breaching the terms of their contract if they fall into arrears on their rent by 2 months. Once a tenancy is

… Read the full post

Posted in Assured Shorthold tenancy, FLW article and Housing law - All. Tags: , .

Job Ad

By NL on 20/03/2012. 0 Comments

Tower Hamlets Law Centre

Strategic Litigation Development Officer

Tower Hamlets Law Centre (THLC) provides free advice and representation to people who face barriers in getting access to legal services.

This is a fixed term project of 8 months duration (28 hours a week) which will explore good/ bad practice in care and identify local authorities in London where there is evidence of systemic failings in the provision of Leaving Care Act duties to young refugees and asylum seekers between 18 and 21 years old. The Development Officer will conduct action research to support preparation of cases for strategic litigation.

The post holder will be based at Tower Hamlets Law Centre … Read the full post

Posted in Various (non-housing). Tags: .

The cost of criminalising trespass

By NL on 19/03/2012. 1 Comment

The Government’s proposal to criminalise trespass to residential property, contained in LASPO at clause 136, is due to be considered at report stage in the House of Lords tomorrow (Tuesday 20 March). The Government’s estimate of additional costs arising from the proposal is £25 million over 5 years.

SQUASH have obtained a report on the likely costs of the proposal, highlighting the shortcomings of the MoJ’s costings. The research takes into account knock on costs to other Departments and to Local Authorities. It outlines a range of scenarios that may result from the criminalisation and estimates the likely costs at between £316 million and £790 million.

The Guardian has further … Read the full post

Posted in FLW article, Housing law - All, Licences and occupiers and Possession. Tags: , , , .

Job Ad

By NL on 16/03/2012. 0 Comments

Broadway
Housing Solicitor

Broadway is a London based homelessness charity. Every year we support, challenge and inspire over 4,000 people on their journey from street to home.

Earlier this year Broadway merged with Threshold Housing Advice whose services are now incorporated into the range of services provided by Broadway.

Housing Solicitor
21 hours per week
£32,211 – £34,707 p.a. pro rata
Working in Aldgate and Wandsworth

The Legal Advice Team comprises a part-time solicitor, casework supervisor and two housing caseworkers, providing advice, advocacy, casework and representation on housing matters. We work in consortium with Wandsworth Citizen’s Advice Bureau and South West London Law Centre to deliver the Legal Services Commission … Read the full post

Posted in Various (non-housing). Tags: .
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