Tag Archive for 'temporary accommodation'

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On the Naughty Step

By NL on 21/09/2008. 22 Comments

Or an RSL behaving badly, again. And this time it’s personal…

21 Press House, Press Road LON/00AE/LSC/2007/0292 [pdf], an LVT decision. The landlord, Stadium Housing Association, were facing an application over hefty service charges made on an shorthold assured tenancy which was Part VII temporary accommodation for Brent Council.

How did Stadium Housing decide to defend the case? By attacking the integrity of the Tribunal. Stadium pointed out that the chair, Nik Nicol, was a member of the Housing Law Practioner’s Association (yes, Hlpa!). Stadium, via their counsel Mr Grundy, alleged that:

the purpose of Hlpa was to promote the interests of tenants [...] and it was as plain as

… Read the full post

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

Fair and commonsense reviews

By NL on 01/05/2008. 0 Comments

So, then

Omar v City of Westminster [2008] EWCA Civ 421

Briefly, the facts were that Mr Omar made a homeless application to Westminster. His household consisted of his wife and his infant son who had just been born and was, at the time of the application was under special care at Kensington & Chelsea hospital. The son was discharged on 28 December 2006. Westminster accepted a duty on 15 January. The family were given temporary accommodation in a hotel. On 19 February Westminster offered a two bed property in Walthamstow E17 for temporary accommodation under s.193 HA 1996. Mr Omar refused the offer, stating that his infant son had … Read the full post

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

Report to come…

By NL on 01/05/2008. 0 Comments

I previously mentioned a Garden Court report on Omar v Westminster. There is also a brief Times report here.

The full judgment is now out on Bailii and is interesting.

Omar v City of Westminster [2008] EWCA Civ 421 (03 March 2008) on reviewing suitability of s.193 temporary accommodation.

I’ll get to it tomorrow (or later today, now).… Read the full post

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

Non-secure tenants

By NL on 09/04/2008. 0 Comments

Just a quick comment on Westminster CC v Boraliu [2008] EWCA Civ 1339, which is not on Bailii yet. I was alerted by Housing View at Sweet & Maxwell.

This was Court of Appeal decision on the effect of Schedule 1, Housing Act 1985 on exclusions from otherwise secure tenancies.

The case concerned paragraph 4, which provides that a tenancy is not secure if it was granted in pursuance of any function under the homelessness provisions of the Housing Act 1996, and also paragraph 6, which provides that a tenancy is not secure if the dwelling-house has been leased to a landlord with vacant possession for use as temporary accommodation and the … Read the full post

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