A couple of years ago a lot of lawyers practising in housing, immigration and welfare benefits got very excited by the case of Ruiz Zambrano (European citizenship)  EUECJ C-34/09. The reason for this excitement was that the ECJ said that art.20, of the Treaty, required member states to grant a right of residence to a third country national, who was the primary carer of an EU national, if a refusal to would result in the EU national being forced to leave the EU..More excitingly, this applied to EU nationals who had not left their member state, i.e. it would apply to the parents of British nationals.
This, everyone … Read the full post
Spencer v Taylor  EWCA Civ 1600
This case was flagged recently on the Arden Chambers eflash service. This flash gave some bare bones details and led to much debate on the internal NL email discussion list. However, we now have the vital transcript and so we can give a proper report.
S granted an Assured Shorthold Tenancy under the terms of the Housing Act 1988 to T on 6 February 2006, a Monday. It was for a fixed terms of 6 months with rent payable weekly. Thus the first day of each period was a Monday and the last day was a Sunday. At the end of the … Read the full post
It is that time of year again. The HLPA housing law conference 2013 is on Tuesday, 10 December. A decent sprinkling of NL people will be there.
It promises to be a very good day, details are below. There are a few places left, or at least there were on Friday, so if you haven’t signed up, why not? And there are 6 hours CPD for solicitors and barristers.
10 December 2013
Royal College of Surgeons, London
For full details of the programme and booking, see here.
2013 will be a year that housing lawyers do not forget for a long time. With our profession, our funding and our clients’ rights … Read the full post
There was a short (and not particularly well-informed) debate in Westminster Hall yesterday about leasehold property management. Quite amusingly, Nick Boles MP (Under-Secretary of State at CLG) had this to say about the Right to Manage:
Nick Boles:… I want briefly to address the right-to-manage legislation. I must admit that this is the first time I have ever heard about it, so I may not make as much sense as hon. Members deserve. The leasehold right-to-manage legislation is designed to be available to as many private sector leaseholders living in blocks of flats as possible. The right was designed for use on a block-by-block basis. Applying the legislation to
… Read the full post
In R(Alansi) v Newham LBC, Stuart-Smith J held that, although Ms Alansi had a legitimate expectation that she would remain a priority homeseeker on Newham’s housing register, Newham had not acted unreasonably and in abuse of its power by withdrawing its representation. It is a case which demonstrates (again) just how hard it is to shoehorn a genuine grievance into a successful JR challenge, doubly so in the context of a local authority allocation scheme.
Ms Alansi had decided to accept an offer of PRS accommodation made by Newham under s 193, Housing Act 1996, in circumstances in which Newham had clearly and unambiguously (as Stuart-Smith J found) represented … Read the full post
R (on the application of MK) v Barking and Dagenham London Borough Council  EWHC 3486 (Admin) [Judgment on Lexis, not on Bailii yet]
A judicial review raising the extent of a Council’s duties and powers under s.17 Children Act 1989 and s.1 Localism Act 2011 (the general power of competence) in providing housing for someone not otherwise eligible for housing assistance.
MK was from Nigeria. She was in the UK illegally. A current application for leave to remain had been refused and was under appeal to the First Tier Tribunal. (If MK left the UK, this appeal would fall.) MK’s age was unclear. Barking had assessed her date of … Read the full post
In other bedroom tax news, the DWP has issued a Circular to Local Authorities on The Housing Benefit and Universal Credit (Size Criteria) (Miscellaneous Amendments) Regulations 2013 – the new regulations implementing the Gorry judgment on LHA and housing benefit assessments involving disabled children unable to share a bedroom by reason of their disability. The new regulations are in force from 4 December 2013, some time after the Minister got a thorough telling off on the failure to introduce regulations in R (MA & Ors).
The circular is here.… Read the full post