Tag Archive for 'judicial-review'

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Rent arrears, transfers and Weaver in operation

By NL on 07/01/2010. 13 Comments

McIntyre & Anor, R (on the application of) v Gentoo Group Ltd [2010] EWHC 5 (Admin)

This was the judicial review of North Sunderland Housing Company’s refusal to permit an exchange of homes by the Claimants, joint assured tenants, with another NSHC assured tenant. NSHC are a subsidiary company of Gentoo and no points were taken on whether Gentoo were the proper Defendant. NSHC had refused to permit the exchange unless Mr McIntyre paid off an historic debt for rent arrears accrued when he lived at another property as a tenant of Sunderland City Council. Originally Mr & Mrs were joint tenants of Sunderland City Council in the property, prior … Read the full post

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

Gimme shelter

By J on 12/12/2009. 11 Comments

R (Garbet) v Circle 33 Housing Trust and another [2009] EWHC 3153 (Admin) [link is to a .doc] was discussed by us (via news reports in Inside Housing and on Radio 4) below. I asked for a transcript and, as if by magic, one was provided. I stand by my original view that this is actually a bit of a damp squib and certainly doesn’t give rise to any point of general importance (at least, in terms of law. I don’t dispute the factual importance to the Claimant). The more interesting points are the ones not (fully) argued but hinted at towards the end of the judgment . Anyway…

The … Read the full post

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

Penal Notices on Admin Court orders?

By NL on 15/10/2009. 3 Comments

MSA v London Borough of Croydon [2009] EWHC 2474 (Admin)

A technical point on judicial review cases here, but as it is something I’ve run up against in the past, I think it is interesting.

Collins J considers whether a penal notice should be attached to an order of the Administrative Court made against a public body. This would usually be made out against a named senior officer of the authority and enable an application for committal of the officer on breach of the order. They are, on County Court orders in, for instance enforcement of an order in a disrepair case, remarkably effective in my limited experience. However, Collins … Read the full post

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

Without exception

By J on 15/09/2009. 0 Comments

R (Joseph) v LB Newham [2008] EWHC 1637 (Admin)

Blanket policies are unlawful. A first year law undergraduate could tell you that. Any lawyer or public body which didn’t know that would deserve public humilliation, probably involving being slapped across the face with a fish. Even a cursory flick through a public law text book would give you ample support for this elementary proposition of public law.

It is, therefore, something of a surprise to see Stadlen J dealing with… a blanket policy.

Mr and Mrs Joseph are secure tenants of the London Borough of Newham. At some time in the distant past, he was overpaid certain monies (probably … Read the full post

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

RSLs support L&Q in Weaver appeal

By NL on 29/06/2009. 0 Comments

According to Inside Housing, not only is L&Q to seek permission to appeal the Court of Appeal decision to the Lords/Supreme Court (and no surprise there) but the G15 group of the largest RSLs in London are potentially backing them, including funding. To quote Inside Housing:

Steve Howlett, chief executive of Peabody Trust and chair of the G15, said: ‘The G15 will consider how we can support L&Q if it chooses to appeal.’

When asked if this meant contributing to a possible ‘appeal fund’, Mr Howlett replied: ‘Yes – that is something that has previously been discussed.’

Given the ludicrous position that the LSC adopted on funding the Court … Read the full post

Posted in assured-tenancy and Housing law - All. Tags: , , , , , .

RSL meet HRA, HRA meet RSL

By chief on 19/06/2009. 23 Comments

Well, well, well.  Or perhaps well, well, oh heck.  The Court of Appeal has handed down its judgment in R (Weaver) v London & Quadrant Housing Trust [2009] EWCA Civ 587 and, by a majority, L&Q have lost.

It will be remembered that Mrs Weaver was a tenant of L&Q.  L&Q sought to evict her, relying on Ground 8.  She resisted this, claiming that she had a legitimate expectation that they would use Grounds 10 or 11 first and that the eviction engaged Article 8 of the European Convention of Human Rights.  The High Court rejected any suggestion of a legitimate expectation.  Because of the way that it was advanced … Read the full post

Posted in assured-tenancy, FLW case note, Housing law - All and Possession. Tags: , , , , , , .

Weaver v L&Q Newsflash

By NL on 18/06/2009. 0 Comments

R(Weaver) v London & Quadrant [2009] EWCA Civ 587  is out (link to doc of the judgment thanks to Garden Court)

This was the Court of Appeal hearing of L&Q’s appeal of the High Court finding that it was a public authority in its housing function, subject to judicial review and the HRA.

Result – L&Q lost. They are indeed a public authority in their housing function.

But there is a lot in the detail – our full report to come.

So… House of Lords anyone?

[Edit. OK, one the one hand, the NL team are fighting over who gets to write up the detailed post, and on the other, … Read the full post

Posted in assured-tenancy, Housing law - All and Possession. Tags: , , , , , , .
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