Archive for the 'Allocation' Category

Auto-bids and Lettings Choice

By SJM on 09/04/2012. 0 Comments

The Administrative Court has recently given judgement in the conjoined applications of Rouse Tout a Tout  and Heff v LB Haringey, which concern the lawfulness of the auto-bid system operated by LB Haringey in the allocation of their permanent accommodation.

Both Claimants were accepted as homeless several years ago and were waiting in temporary accommodation for an offer of permanent accommodation. Both Claimants were successful “auto-bidders” for properties under the scheme and although they expressed dissatisfaction with the offered properties, only Ms Rouse Tout a Tout took up the new tenancy while Ms Heff remained in her temporary let.

The common ground of challenge was that the local authority … Read the full post

Posted in Allocation and Housing law - All.

“Tenting on the Old Camp Ground”

By SJM on 29/02/2012. 0 Comments

Babenko v Ukraine Appn No 68726/10 of 4/1/12 is an ECHR Chamber decision which looks at the relationship between an applicant’s right to social housing from the state and Art 1 of the ECHR First Protocol.

The Applicant was a WWII veteran who registered in 2004 for social housing with the local housing executive. By 2007 he was still on the waiting list for an apartment and he began court proceedings, alleging that the Council had breached Art 46 of the Ukrainian Housing Code by failing to provide him with housing.

Art 46 is a curious amalgam of what we would understand to be homelessness and allocations law: it states … Read the full post

Posted in Allocation, Homeless and Uncategorized.

Local pitches for local people

By S on 22/02/2012. 8 Comments

R (McDonagh) v Hackney LBC , Administrative Court, February 15, 2012 [not on bailii - taken from a Lawtel note] concerned a claim for judicial review brought by a traveller against Hackney’s policy regarding the allocation of its caravan pitches for travellers.

In June 2011, there were only 27 residential caravan pitches within Hackney and only 456 residential sites in London as a whole [not included in the Lawtel note, but reported in Read the full post

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

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: .
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