Southwark gatekeeping: All of the wrong

R(Anon) v LB Southwark (Claim No CO/2035/2014 – settled by consent) Courtesy of Hansen Palomares Solicitors comes news of this settled Judicial Review of LB Southwark’s gatekeeping practices on homeless applications. It appears, to put it mildly, that Southwark have had a range of what should have been obviously unlawful policies on homeless applications, and […]

Violent Conduct and Homelessness

A brief note on Hussain v LB Waltham Forest [2015] EWCA Civ 14, which concerns the definition of ‘other violence’ in s.177(1) of the Housing Act 1996. In Yemshaw v LB Hounslow [2011] UKSC 3, the Supreme Court held that ‘violence’ under s.177(1) included behaviour which fell short of actual physical contact with the victim. The […]

Zambrano carers and social assistance

There must be times when Court of Appeal judges think that they have bit parts in an ongoing drama – they have a walk on role.  And that must be how the Court felt in Sanneh v SSWP and others [2015] EWCA Civ 49, which concerns the eligibility rules for Zambrano carers of a raft of social assistance […]

Babes out of the Forest

The out of borough temporary accommodation position continues to get worse, with increasing numbers of homeless shipped out of borough (and for London councils, often out of London). London Councils (pace Nzolameso v Westminster CC ) have put the DCLG ‘Supplementary Guidance on the homelessness changes in the Localism Act 2011 and on the Homelessness […]

“Every possible obstacle…”

As will be clear,  P (A Child: Use of S.20 CA 1989) [2014] EWFC 775 is a family law case, but one which crosses with housing law. My suggestion is that it sadly shows that Family lawyers, and indeed Family judges really need housing lawyers with them at all times. It also illustrates the sheer lengths […]

Human Rights Round-Up Part 2

Lemo and others v Croatia [2014] ECHR 755 (10/7/2014) Both the facts and the outcome in this case are highly reminiscent of Brezec v Croatia (see our note here). The applicants had occupied flats under protected tenancies from the 1970s until their eviction on 19/11/2010. The properties were initially publicly owned but the company which owned the properties […]

Errors, damn errors, and statistics: Ajilore v Hackney LBC

With the Supreme Court set to look at priority need this December, Ajilore v Hackney [2014] EWCA Civ 1273 may prove to be a brief footnote in the evolution of the bloated Pereira test. But, at least for the next four weeks, it tells us something about the construction of the ‘ordinary homeless person’ against which, post […]

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 […]

The Long and Winding Road

The facts in Nzolameso v Westminster CC are pretty unremarkable, but the effects of the Court of Appeal’s judgement are likely to reverberate through every new homelessness application, especially in the London area. Ms N is a parent of five children, who were evicted from their 4 bedroom house in Westminster in November 2012 following imposition […]