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Visits in 2014152731
R (on the application of PK) v Harrow LBC (2014) QBD Admin 30 January 2014 [Lawtel note, no transcript yet]
This judicial review is possibly one for the ‘what were they thinking?’ pile.
The Claimants were the children of M. The family was street homeless and destitute following eviction. It appears that Harrow had decided there was no duty to accommodate M, as the family was referred to Social Services.
Harrow carried out an assessment, then said that it was obliged to provide the children with accommodation under s.17 and s.20 Children Act 1989, but not the mother.
The children applied for judicial review, and interim relief was granted. The … Read the full post
3 cases have recently been decided by the ECtHR Chamber
The Applicant (B) complained to the Court under Arts 3 and 8 ECHR about the State’s failure to protect her and her two children under the provisions of Moldovan national law from domestic violence perpetrated against them over several years by B’s former husband, VB, when they failed to order his eviction from the flat which they occupied together.
The parties had divorced in 2007 but B was repeatedly beaten by VB after their divorce. B’s application to have VB evicted from the flat was heard by the Supreme Court on … Read the full post
Malik v Fassenfelt & Ors  EWCA Civ 798
The idea that an Englishman’s home is his castle is firmly embedded in English folklore and it finds its counterpart in the common law of the realm which provides a remedy to enable the owner of the castle to secure the eviction of trespassers from it. But what if the invaders occupy for long enough to establish their home within the keep? Whose castle is it now? Whose home must the law now protect? [Sir Alan Ward]
This was a case that was potentially important for establishing whether Article 8 defences could be run by private tenants, or by licencees and … Read the full post
A quick note on an ongoing County Court case that raises some interesting questions. (As it is an ongoing case, all apparent statements of fact are as set out in the judgment and should be taken as being untested at trial).
Leicester Housing Association Ltd v Armstrong. Leicester County Court 5 March 2013 [Not published elsewhere, we have a copy].
This was the summary hearing of Mr Armstrong’s defence to LHA’s claim for possession. Mr A had a ‘starter’ tenancy from LHA, which was an assured shorthold of 12 months term. At the end of the 12 months, the tenancy would automatically convert into an assured tenancy, provided that … Read the full post
The entrepreneurialisation of social housing over the last twenty years has led to a diversity in the types of shared ownership. Of course, the standard leasehold type (what in the old days was called DIYSO) predominates, but there are a multitude of other types. In Ker v Optima Community Association  EWCA Civ 579, the Court of Appeal had to deal with one of these other types in Optima’s claim for possession; but in quite odd circumstances for, by the time of the hearing of the appeal, Ms Ker had accepted that the property was unaffordable for her so that she had to give up possession. What was in issue … Read the full post
This was a failed succession case where an article 8 proportionality defence was, at least in part successful. Our thanks to Legal Action ‘Recent Developments in Housing Law’ January 2013 for bringing it to our attention.
Affinity Sutton Homes Ltd v Cooper. Bromley County Court 17 October 2012
Mr Cooper senior was a secure tenant of Bromley LBC. Following a large scale transfer of Bromley’ stock to Affinity. Mr Cooper senior became an assured tenant. There was statutory right for succession by anyone other than a spouse. However, the tenancy agreement provided for a contractual succession for any family member residing with the tenant in the 12 months prior … Read the full post