On the back of tonight’s Panorama on the BBC about the impact of the mortgage/price housing market problems (available for the next week on iplayer), the Beeb has an interview with and tips from DJ Stephen Gould of Kingston-upon-Thames County Court. All sensible stuff for someone facing a repossession claim.… Read the full post
Tag Archive for 'Housing law – All'
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Lusamba, R (on the application of) v London Borough of Islington [2008] EWHC 1149 (Admin) concerned a judicial review application on failure to decide on provision of interim accommodation pending review of a negative s.184 HA 1996 decision. It raises interesting procedural issues and a few issues on dependency of family members for priority need.
The application for judicial review on grounds of failure to make a timely decision on interim accommodation was made on 10 April 2008, after a review request on 4 April 2008. On 15 April 2008 at oral hearing, which islington missed as they had not been notified by the court, permission was granted and temporary … Read the full post
Update on this case from Friday 24 May. No judgment available yet that I have seen, but there is a further new story on the Hounslow case at 24dash.com, which gives a few more details.
Specifically, the negligent failure found was that housing did not invoke emergency transfer processes, despite a) social services involvement with the family and b) complaints and warnings from neighbours about the youths’ presence and activities in the claimant’s home. It arose from a found lack of communication between social services and housing and lack of appreciation of the seriousness of the situation and failure to give priority in both departments, despite the evidence.
Damage … Read the full post
A case is reported in the Guardian which apparently extends local authorities’ duty to protect tenants from third parties to include vulnerable adults, not only children.
A couple, both with learning difficulties, were terrorised in their flat by a group of youths over two days, during which they were assaulted and abused. Hounslow Council had failed to rehouse the couple, although the threat of attack ‘was foreseeable’.
At the High Court, Hounslow argued there was no duty of care, but Mr Justice Maddison held otherwise. The failure to rehouse was negligent. Damages of £100,000 were awarded. Hounslow were given permission to appeal.
I’m looking forward to seeing the judgment on … Read the full post
A couple of interesting permission to appeal hearings have appeared on Bailii. Permission granted in both cases for Court of Appeal hearing.
Lee v Rhondda Cynon Taff County Borough Council [2008] EWCA Civ 523 concerns whether a Local Authority should have considered the acquisition of a plot for a caravan in the context of a review of an offer of ‘suitable’ accommodation following assumption of housing duty to a homeless Romany Gypsy.
City of Westminster v Man [2008] EWCA Civ 532 arose out of a claim for unpaid service charges. It concerns whether a Tomlin Order, staying the proceedings, means that an earlier order for costs in the proceedings, not … Read the full post
Well, McCann v UK certainly seems to have stirred things up. Naturally, most of the speculation is on the effect and extent of the judgment.
I’m still trying to work out for myself what the likely or even possible effects are, so this is a work in progress.
In descending order of certainty…
Common law summary possession by a local authority/public body landlord after Notice to Quit (e.g Ex joint tenants; temporary accommodation under s.183 and possibly s.192 HA 1996; ‘successors’ to deceased tolerated trespassers; non-successor occupants; etc.)
Possession proceedings will need to include the potential to consider whether the eviction is proportionate under Art 8.2 ECHR.
Does an … Read the full post
A few bits and pieces…
Gilboy v Liverpool CC has a hearing at the Court of Appeal on 19 or 20 May (thanks J and GCN).
Doherty v Birmingham is at the House of Lords later this year, which should be a big test for the legacy, if any, of McCann (thanks J, again)
Rumour is that Southwark are appealing R(Faarah) v Southwark. Not sure I see what the basis of appeal would be, but we’ll see.
The world of housing blogs expands still further and intriguingly, the latest addition is by a homeless officer. The nothing if not literally named A Homelessness Officers Point of View promises to … Read the full post
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