Proportionality, Section 21 and starter tenancies

By NL on 22/04/2012. 2 Comments

Another RSL ‘starter tenancy’ and s.21 case, albeit one that marginally pre-dated West Kent HA v Haycraft, is The Riverside Group Limited – v – Sharon Thomas [2012] EWHC 169 (QB) 2 March 2012 (Manchester District Registry) [Not on Bailii. We've seen a transcript].

This will be a quick note, as the general principle has been established that proportionality defences are available for Housing Association ‘starter tenancies’, being assured shorthold tenancies, where possession is sought via section 21 notice. In addition, Ms Thomas was in person, and failed to appear, after her solicitors came off the record for lack of co-operation, so the extent of argument was limited.

Ms … Read the full post

Posted in Assured Shorthold tenancy, FLW case note, Housing law - All, Introductory and Demoted tenancies and Possession. Tags: , , , , .

Legal Aid Lawyer of the Year Nominations

By NL on 19/04/2012. 0 Comments

The 2012 Legal Aid Lawyer of the Year nominations are open.

In this difficult time for legal aid, what better than to celebrate the passion and commitment of those working in legal aid practice? Do you know someone or a practice whose work should be recognised in the LALYs? Then nominate them!

The nomination form is here and more details are here.

The closing date is 27 April 2012… Read the full post

Posted in FLW article and Various (non-housing).

Stick or Twist

By J on 18/04/2012. 1 Comment

R (MD)(Afghanistan) v Secretary of State [2012] EWCA Civ 194 is an immigration case but merits wider attention because of what it has to say about the interplay between renewing a judicial review claim and appeals.

MD was an asylum seeker. The Secretary of State rejected his application, as did the Asylum and Immigration Tribunal and the High Court. Some 10 days before he was due to be deported, his solicitors submitted a considerable amount of fresh material and sought to bring a new claim for asylum. The Secretary of State refused to accept the new claim and JR proceedings were issued (on the day set for his deportation).

Sales … Read the full post

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

A taxing question

By David Smith on 15/04/2012. 6 Comments

Macattram v Camden London Borough Council (2012) QBD (Admin)
On Lawtel but no on BAILII

This is an interesting little problem involving the payment of Council Tax. The landlord had rented the property to the Council. They had used it to house homeless people. The property was rented for a fixed term of three years and at the end of this all the occupiers had left. However, the Council declined to return the property and continued to pay rent. It was accepted by all parties that a periodic tenancy arose at this point. The local authority then stopped paying the rent and sought to surrender their interest by mailing the … Read the full post

Posted in FLW case note and Various (non-housing). Tags: .

Doomed, Doomed I tell you.

By NL on 09/04/2012. 2 Comments

As an illustration of how complex housing law has become, and how difficult for a litigant in person, comes Sheppard v London Borough of Richmond-Upon-Thames [2012] EWCA Civ 302.

This was a failed permission for second appeal to the Court of Appeal, following a failed s.204 appeal to the County Court. Ms Sheppard acted in person. She had applied as homeless to LB Richmond following her eviction from a private tenancy. A month later Richmond found her intentionally homeless on the basis that her eviction was due to persistent refusal to allow gas safety checks.

After a failed review, Ms S appealed to the County Court. Her stated grounds were:… Read the full post

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

“About to be in need” and prospective care assessment

By NL on 09/04/2012. 0 Comments

This is a quick note on the effect of  NM, R (on the application of) v London Borough of Islington & Ors [2012] EWHC 414 (Admin) on when a Council is required to carry out an assessment under section 47 of the National Health Service and Community Care Act 1990.

NM was a prisoner with an upcoming parole hearing. He had significant learning disabilities. Both NM and the parole board wanted to know what accommodation and support would be offered if he was released. If supported accommodation was not available, it was likely that NM would be instead sent to a low security prison. However, Islington (and another local authority) … Read the full post

Posted in Community care, FLW case note and Housing law - All.

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.
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