Archive for the 'Allocation' Category

Allocations Code Consultation

By Dave on 10/01/2012. 6 Comments

In our shiny bright new year, DCLG is consulting on a new version of the Allocations Code of Guidance following the enactment of the Localism Act 2011, which has made several seemingly minor substantive alterations to Part 6, Housing Act 1996 (although those alterations are hugely significant practically).  The closing date for the consultation is 30.03.2012, and responses can be sent by email to housingreform@communities.gsi.gov.uk or by post to the lovely Frances Walker at DCLG, Zone 1/J9, Eland House Bressenden Place London SW1E 5DU.  That’s the formal stuff, now the content, followed by some comments.

It needs to be remembered that the backdrop to the Consultation is the redraft to … Read the full post

Posted in Allocation, FLW article and Housing law - All.

Transfers and allocations: Pt 2 (a footnote)

By Dave on 05/12/2011. 1 Comment

We reported on the interesting High Court decision in Babakandi v Westminster CC [2011] EWHC 1756 (Admin) (a post-Ahmad  challenge to Westminster’s housing allocation scheme) and made a few observations of our own on the judgment, most notably regarding the transparency of allocations schemes.  Mr Babakandi had a go at appealing that decision, but was refused permission by Sullivan LJ after an oral application: [2011] EWCA Civ 1397.  The refusal is unfortunate given the uncertainty we have previously noted about the required degree of specificity in allocations schemes (which may well become even more significant, I guess, after the Localism Act comes into force, but that’s just a thought).  … Read the full post

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

The Localism Bill: Rush, rush, rush …

By Dave on 29/07/2011. 0 Comments

It is certainly not a truism that legislation which is given the closest possible scrutiny is thereafter free from doubt – consider, for example, the Law of Property (Miscellaneous Provisions) Act 1989, which we always used to call the mysterious provisions Act because nobody was quite sure what its ambit was (as has subsequently proved to be the case).  However, it is a pretty good rule of thumb that legislation which is rushed through without proper consideration or proper consultation is going to be laden with doubt – consider the rent deposit debacle on which my colleagues at NL have been moved to comment on endlessly.  Further, when that legislation involves … Read the full post

Posted in Allocation, assured-tenancy, FLW article, Homeless, Housing law - All, Regulation and planning and secure-tenancy. Tags: .

Transfers and allocations

By Dave on 08/07/2011. 7 Comments

In Babakandi v Westminster CC [2011] EWHC 1756 (Admin), Mr Babakandi made a bold challenge to Westminster’s allocation scheme (bold, as in post-Ahmad v Newham LBC) together with other grounds.  Westminster now has a choice-based lettings scheme based on banding applicants in categories A-C (A being the highest) and a different category for sheltered schemes.  When a property becomes available, it is allocated to certain bands depending on projections in the annual report (which is subject to monitoring).

In essence, Mr Babakandi was living in a tiny flat with his wife and two daughters.  The flat was severely overcrowded.  He applied for a transfer in May 2009  … Read the full post

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

Subletting and Pt 6 waiting time on Iplayer

By J on 05/05/2011. 5 Comments

People who unlawfully sublet social housing (often at a vast profit) are, in my view, dishonest and immoral fraudsters who deserve a range of punishments too awful for a family-friendly blog like this to describe. I suspect that the makers of Council Houses: Cheats and Victims (available on Iplayer, here) would agree with me. But, regardless of your views, the Panorama programme is a relatively watchable programme about social housing fraud (‘tho the attempts to link sub-letting to the problem of Pt 6, HA 1996 waiting times is perhaps less well done). Well worth an hour of your time.

 … Read the full post

Posted in Allocation, Housing law - All and Uncategorized. Tags: , , .

Let’s all move to … Wales*

By Dave on 18/04/2011. 0 Comments

Forgive the slight delay in picking this up, but the Welsh Assembly has issued a consultation on a new Code of Guidance on allocations and homelessness (closing date 30.06.2011; comments to Affordablehousing.actionteam@wales.gsi.gov.uk or by post).  By any stretch, this 271 page document is a real achievement because (a) it refers where necessary to relevant case law, other guidance and research reports, from which it seeks to learn (genuinely) (b) does what CLG has singularly failed to do and updated its Code in its entirety, including (for example) reference to the proper places for eligibility enquiries, and (c) provides really quite helpful advice to housing officers and applicants in a … Read the full post

Posted in Allocation, FLW article, Homeless and Housing law - All.

This is a local town for local people …

By Dave on 03/03/2011. 7 Comments

Forgive the slight delay, but DCLG published their summary of responses to their Consultation on Local Decisions: A Fairer Future for Social Housing (which we discussed here) on 28 Feb.  The outcome of the consultation appears to be, um, full steam ahead on the Localism Bill.  I have to say that any reader of Inside Housing would be surprised by the results.  I seem to have got regular updates from IH that social landlords (of whatever political hue) weren’t going to touch the new flexible/affordable tenancy regime with a bargepole.  Well, I was wrong.  Surprisingly significant proportions of respondents wanted the new flexibilities: two-thirds said they “expected to take … Read the full post

Posted in Allocation, assured-tenancy, FLW article, Homeless, Housing law - All, Possession and secure-tenancy. Tags: , .
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