Injunctions for accommodation, judicial review and prospects of success

This is case that highlights the benchmark for seeking an injunction for accommodation on a judicial review claim

R (on the application of Bates) v Barking & Dagenham LBC (2012) QBD (Admin) 17 August 2012 [Note of extempore judgment on Lawtel]

Ms B had obtained an ex parte interim order that Barking provide temporary accommodation for her and her two children. This was the continuation hearing.

It appears that MS B had sought a Social Services assessment on being evicted from temporary accommodation provided by another local authority in Barking’s area (apparently following a fining of intentional homelessness). She was seeking accommodation and support under s.17 Children Act.

Barking’s assessment … Read the full post

Posted in FLW case note, Homeless, Housing law - All | Tagged , , | 4 Comments

Just one small but crucial fact..

Tricky things, ex parte interim injunctions. Dealt with on the papers, or possibly by a phone hearing with a duty Judge, there is little time for detail and, obviously, no argument from the other side. Which makes it all the more important that the applicant gets things right. We noted some stern words on failure to follow protocol and failure to disclose material facts from Munby J here.

A further warning on the nature and extent of disclosure of material facts comes  in R (On the application of Konodyba) v Royal Borough of Kensington and Chelsea [2011] EWHC 2653 (Admin [Not on Bailii]. The case also involves the jurisdiction … Read the full post

Posted in FLW case note, Homeless, Housing law - All | Tagged , , | 4 Comments

Not going quietly…

Or round 3 of Ms Pritchard’s refusal to give up her former property to the ‘We buy your right to buy home’ firm that had obtained possession.

Fineland Investments Limited v Pritchard (2011) Ch D 17/05/2011 [Note on Lawtel, unreported elsewhere]

Readers may recall the possession judgment, and the multi stranded (and multi partied) appeal of the without notice warrant of eviction, in both of which Ms P was unsuccessful. After having been evicted and failed in her application for re-entry, it appears that Ms P was not going to accept that as a conclusion. She, her son and two others had allegedly gained access to the property … Read the full post

Posted in FLW case note, Housing law - All, Licences and occupiers, Possession | Tagged , | 1 Comment

Unwelcome in the valleys

While we are in Wales and with thanks to the Garden Court housing bulletin, we report an Ombudsman’s decision Complaint against Cardiff CC 200702358 [pdf]

Mr Davies and Miss Brown complained about Cardiff Council’s failure to deal with noise nuisance and threatening behaviour from Mr Williams over a period of some years. All parties were Council tenants, Mr Williams lived in the flat below the complainants.

The Council’s failure to deal with Mr Williams had been the subject of a previous Ombudsman’s report in 2007 (200501496/7/8), which had made extensive recommendations on Cardiff’s handling of ASB. Mr Williams had been transferred, but to a nearby flat, in the course of … Read the full post

Posted in ASB, Housing law - All, Introductory and Demoted tenancies, Possession, secure-tenancy | Tagged , , , , | Leave a comment

Do not pass Go

Cambridge City Council v Joyce

No link for this one, but it was noted on Lawtel this morning and has been reported as [2009] All ER (D) 234 (Feb).  Mr Joyce was a secure tenant of one of Cambridge’s properties.  His tenancy contained conditions not to harass anyone or to do anything on or around the property which would annoy others.  He became subject to a restraining order not to contact or take photos of his neighbours.  Presumably this didn’t have the desired effect as an injunction was taken against him to prevent him committing an annoyance or using surveillance equipment on his road, or from using violence or intimidating … Read the full post

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Pre-emptive possession orders

Secretary of State for the Environment Food & Rural Affairs v Meier & Ors [2008] EWCA Civ 903 was a case concerning travellers encamped on Forestry Commission land. Some of the travellers had previously camped on a nearby patch of Forestry Commission land until a possession order was obtained. The Forestry Commission (or rather the Sec of State, the owner of the land) applied for:

  1. A possession order in respect of the patch of land occupied.
  2. A possession order for other nearby areas of Forestry Commission land that the travellers might move to.
  3. An injunction preventing the travellers from entering upon the land they currently occupied and the other nearby
  4. Read the full post

Posted in FLW case note, Housing law - All, Licences and occupiers, Possession | Tagged , , , , | 5 Comments