Just because you are paranoid…

… doesn’t mean that they aren’t out to get you. The MoJ and Legal Aid Agency have put out a leaflet on Legal aid and “Help for people at risk of losing their home“. The trouble is that that it doesn’t mention, anywhere, at all, not even in little small print, that tenants facing possession […]

Qualification criteria and allocations: An outlier?

In R(Hillsden) v Epping Forest DC [2015] EWHC 98 (Admin), McCloskey J held the council’s allocation scheme valid in circumstances which, I must say, did not seem propitious to the council.  The council’s new allocation scheme, which came in to force in September 2013, had a qualification criterion which required applicants to have a continuous residence for […]

Disrepair damages update

With very grateful thanks to Beatrice Prevatt’s annual disrepair update in the December 2014/January 2015 Legal Action, here is a bumper pack of County Court cases and settled cases on damages for disrepair. Armes v Wheel Property Co Ltd, Clerkenwell and Shoreditch County Court, 17 May 2013 Claimant had been the protected tenant of a […]

Unlawful eviction and harassment quantum update

With grateful thanks to Jan Luba QC and HHJ Madge’s housing update in the December 2014/January 2015 Legal Action, here are a few recent County Court cases on unlawful eviction and harassment. Alabbas v Uppelle. Leicester County Court, 8 October 2014 Mr Alabbas was Ms Uppelle’s assured shorthold tenant from April 2008. In April 2009, Mr A complained […]

Is there a maximum award for general damages arising under contract?

The case of Rendlesham Estates Plc v Barr Ltd [2014] EWHC 3968 (TCC) is a bit off the housing law beaten track and as a result I have only recently got round to reading it properly. It concerned s.1, Defective Premises Act 1974, which is the statutory provision that enables any person with an interest […]

Squeezed Out of London

A friend of ours has asked us to help promote a potential documentary. What follows is a slightly edited version of the original email: Kash is a Hackney based production company that specialises in all forms of digital and short form content. We’ve been established for five years now and are eager to make interesting, […]

Leaving it to the last minute

No, not a post about the time-management skills of barristers, rather, some research that Z2K are putting together. As they say: Concern is mounting about councils, especially in London, delaying completion of homelessness reviews until right at the end of the 8 week maximum time limit or exceeding that limit and any agreed extensions to […]

English Tenancy Deposits Are Less Interest-ing

A very brief note to point up the slightly less than earth shattering Housing (Tenancy Deposits) (Specified Interest Rate) (Revocation) (England) Order 2015. This comes into force on 4 February 2015 in England only and revokes the equally fascinating Housing (Tenancy Deposits) (Specified Interest Rate) Order 2007. The 2007 Order set the interest rate offered […]

Hot, hot, hot

Here is an interesting First Tier Tribunal bedroom tax appeal decision from Bexleyheath. [Decision notice]. It is a decision made after the Fife Upper Tribunal decision, but upholds the tenant’s appeal on the basis, in part, that the room is inadequately sized to be a bedroom, as well as being just too damn hot. Thanks […]

Asking for relief

This is a housing case, but the procedural issue in this decision is only tangentially related to that. Nonetheless, it is a matter worth noting. Cutler v Barnet LBC [2014] EWHC 4445 (QB) [Not on Bailii yet, we’ve seen a transcript]. Ms C had been Barnet’s secure tenant. Barnet served Notice to Quit on alleged non-occupation […]