A return of sanity: Allocation and reasonable preference

Jakimaviciute, R (On the Application Of) v Hammersmith And Fulham London Borough Council [2014] EWCA Civ 1438 Eligibility for allocation list, reasonable preference and homelessness. After a run of Court of Appeal housing decisions that might be mildly described as disappointing, it is good to see one that is definitely right, albeit apparently reluctantly given. […]

Only connect – allocation priority

Just a brief note, partly about Barnet’s Allocation policy and partly about the surprising way that things can develop from a blog post. In September 2014, I noted that Barnet’s proposed changes to its allocation policy had the effect of excluding domestic violence victims from any priority for social housing, where that had had the […]

A Thursday stuffed with housing stuff

A busy Thursday for housing law, not yet law, housing benefits and housing misc. Item one.  A Scottish Upper Tribunal is to hear a room size appeal on 18 September. This is one of the first Fife decisions. It is not the lead case in the English Upper Tribunal and may well be the first […]

A longer waiting to wait

Barnet Council are consulting on changes to their 2012 Allocation policy. The main change proposed is that the current ‘residence requirement’ of two years be increased to five years. That is to say that no-one would be eligible for Barnet’s housing register without five years demonstrable residence in the borough.  (And yes, this applies to […]

Impossible Preference: Excluding the homeless from housing lists

R (Jakimaviciute) v LB Hammersmith and Fulham [2013] EWHC 4372 (Admin) [Not generally available yet. I’ve seen a transcript] This judicial review permission hearing raises very significant issues for post Localism Act Council allocation policies. The central issue is the Council’s ability under the Act to set an allocation policy that includes ‘qualifying classes’ and […]

End times.

I have been told that there must be an end of year round up for the blog. But, before I get to the figures, here is a soundtrack. NL, it has to be said, seems to be prospering in bad times (not that we make any money from it, not at all. The reverse in fact.) We […]

Allocations and legitimate expectation

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 […]

Allocations Code: Draft Amendments

Although there appears to be a ministerial vacancy for housing policy (https://www.gov.uk/government/ministers/minister-of-state–11 h/t to Martin Partington and Jules Birch), quite a lot is happening. There are some interesting goings on about the allocation of social housing.  In a consultation paper (responses by 22nd November 2013 to allocationguidance@communities.gsi.gov.uk), Providing social housing for local people, DCLG are suggesting upping the […]

Tories to regulate private rented sector? Don’t get excited…

The detail of this may have passed you by at the time, it certainly did me, but amongst the wind and posturing of David Cameron’s ‘big speech’ in March on stopping immigrants from getting things from healthcare to driving licences was quite a significant snippet on the private rental sector. You have probably already registered […]

‘Homeless Legislation – a thing of the past?’

[Update at the end of the post 15/11/2012] Now that the Guardian has the story, I feel able to quote a briefing paper by Andy Gale of the DCLG that had found its way to me. This is the briefing that Andy Gale has been giving to Council officers (not councillors, as far as I […]