Expectations are not existing facts.

Enfield LBC v Najim (2015) CA (Civ Div) 04/03/2015 [Note on Lawtel and here. Not on Bailii yet] This was Enfield’s appeal from a s.204 appeal quashing Enfield’s decision and review decision that Ms N was intentionally homeless. Ms N had a one year assured shorthold tenancy. She had withheld rent on three occasions: on the […]

The judicial review of regulations on funding judicial review

Ben Hoare Bell Solicitors & Ors, R (On the Application Of) v The Lord Chancellor [2015] EWHC 523 (Admin) The legal aid funding regulations for judicial reviews, in effect from April 2014, were the subject of this judicial review. To cut to the chase, the Lord Chancellor lost, but no remedy decided yet. (Disclaimer, I […]

Miscellaneous

Assorted things of note. The closing date for applications for the Tower Hamlets Law Centre Housing Solicitor post has been extended to 11 March 2015. Southend have been refused permission to appeal to the Supreme Court in Southend v Amour (our report on the Court of Appeal hearing here). So this is a successful article […]

Ending flexible tenancies – a reminder

We don’t usually (indeed ever) repost previous material on NL. But I’m making an exception for this one, because I think it is timely. Flexible tenancies have been in existence for a while in some boroughs and I would expect that it is round about now that possession proceedings for a fault based grounds (rather […]

Bedroom tax and sanctuary schemes

A quick note to record that the judicial review of the bedroom tax regulations as being discriminatory on the basis that a ‘panic room’ equipped for domestic violence victims was classed as a ‘spare bedroom’ failed. The judgment does not appear to be on Bailii, but a DWP bulletin records the case. Unsurprisingly, the fact […]

Southwark gatekeeping: All of the wrong

R(Anon) v LB Southwark (Claim No CO/2035/2014 – settled by consent) Courtesy of Hansen Palomares Solicitors comes news of this settled Judicial Review of LB Southwark’s gatekeeping practices on homeless applications. It appears, to put it mildly, that Southwark have had a range of what should have been obviously unlawful policies on homeless applications, and […]

Illegal occupation is no bar to adverse possession

Best, R (On the Application Of) v The Secretary of State for Justice (Rev 1) [2015] EWCA Civ 17 The Court of Appeal considered the clash of s.144 LASPO and the rules on adverse possession, on appeal from the Administrative Court. Our report on the Admin Court judgment is here, and, to be honest, I’m […]

Violent Conduct and Homelessness

A brief note on Hussain v LB Waltham Forest [2015] EWCA Civ 14, which concerns the definition of ‘other violence’ in s.177(1) of the Housing Act 1996. In Yemshaw v LB Hounslow [2011] UKSC 3, the Supreme Court held that ‘violence’ under s.177(1) included behaviour which fell short of actual physical contact with the victim. The […]

Zambrano carers and social assistance

There must be times when Court of Appeal judges think that they have bit parts in an ongoing drama – they have a walk on role.  And that must be how the Court felt in Sanneh v SSWP and others [2015] EWCA Civ 49, which concerns the eligibility rules for Zambrano carers of a raft of social assistance […]

Let’s all move to Wales …*

Yesterday, the Welsh Government published the Renting Homes (Wales) Bill.  The Bill seeks to implement the Law Commission’s Renting Homes Bill, with some major amendments partly reflecting the devolution settlement (ie what can be done) and partly to update the Bill.  There are also some rather interesting and slightly more subtle alterations in the Welsh […]