Tag Archive for 'travellers'

Forgive us our trespasses…

By NL on 10/07/2011. 14 Comments

The Prime Minister’s confirmation that the government will be bringing forward legislation for the criminalisation of trespass and the proposed removal of legal aid from trespassers in the Legal AId, Sentencing and Punishment of Offenders Bill amount to the most significant changes to the law of trespass in England and Wales for generations.

The media response, carefully directed by spin, has been to focus on squatting and, all too predictably, on ‘protecting homeowners’ from squatters. That this response is wholly and perhaps wilfully inaccurate about the current law is something we’ve addressed before. Of course, squatting is threatened by the proposals, but the ramifications run deeper and wider.

The … Read the full post

Posted in Adverse possession, FLW article, Housing law - All, Licences and occupiers and Possession. Tags: , , , , .

Unreasonable bungalow

By NL on 21/02/2011. 3 Comments

Anya Thompson v Mendip District Council, Taunton County Court 3 December 2010 [Unreported elsewhere].

This was the s.204 Housing Act 1996 appeal of a decision by Mendip DC that its offer of a two bedroom bungalow was an offer of suitable accommodation under s.206 of the Act and, therefore, it was right to discharge duty under s.193 of the Act.

Ms Thompson had been a traveller for 20 years. In February 2008, she moved her caravan onto land in Glastonbury owned by Mendip. She was served with a removal order in June 2008, but after negotiations, was allowed to stay. Ms T applied as homeless, and was initially turned … Read the full post

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

No admittance

By NL on 20/02/2011. 1 Comment

Sharon Horie v the United Kingdom – 31845/10 [2011] ECHR 289

Back at the end of 2009 we reported the Supreme Court case of Secretary of State for Environment, Food and Rural Affairs v Meier and another, which upheld the use of a quia timet injunction – a prospective possession order – against a group of new travellers, preventing them from occupying any land owned by the Forestry Commission in the area.

Sharon Horie, one of the new travellers, applied to the European Court of Human Rights. This is the decision on the admissibility of the application.

The application was on the basis that:

20. The applicant complained

… Read the full post

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

Mr Pickles is unlawful and other bits

By NL on 10/11/2010. 11 Comments

Eric Pickles hearing the judgmentCala Homes (South) Ltd v Secretary of State for Communities & Local Government & Anor [2010] EWHC 2866 (Admin) found Eric Pickles, SoS at DCLG, acted unlawfully in scrapping the Regional Strategies for housing development, which also, lest we forget, included requirements for local authorities to identify and develop sites for travellers and gypsys. Mr Pickles had announced the decision to scrap the strategies under s79(6) of the Local Democracy Economic Development and Construction Act 2009.

Alas for Mr Pickles, this has turned out to be unlawful because:
a) the decision involved using that power for an improper purpose by “undermining the policy of the LDEDCA 2009 that there should … Read the full post

Posted in Assured Shorthold tenancy, Deposits, FLW article, Housing law - All and Possession. Tags: , , , , , , .

Carrots and sticks – travellers’ sites

By NL on 01/09/2010. 2 Comments

News from Mr Pickles and the DCLG

Item 1. The Government is to bring s.318 Housing and Regeneration Act 2008 into force, finally according travellers on authorised sites the same security as those who come under the Mobile Homes Act. Hurrah.

Item 2. Planning circulars regarding construction of authorised travellers sites are being scrapped. Apparently because Councils complained about being forced to build on countryside and undertake compulsory purchase. Actual examples of either are welcome if anyone has come across them – we’d be interested.

Item 3. The regional strategies have already gone.

Item 4. ‘Plans for further powers for councils to combat unauthorised development’. Awaited…

Item 5. ‘New Homes … Read the full post

Posted in FLW article, Housing law - All, Licences and occupiers and Regulation and planning. Tags: , , , .

Delays, Public Law Defences and Suspended Orders

By NL on 11/07/2010. 6 Comments

London Borough of Brent v Corcoran & Anor [2010] EWCA Civ 774

While we wait for the Supreme Court decision in Pinnock, which was heard last week, it seems that the Court of Appeal is determined to set practical limits on the operation of the public law defence. In this case, Corcoran and O’Donnell – the Appellants, were granted permission to appeal, but:

The only reason we granted permission is that we considered it important to make it absolutely clear that public law attacks of the technical and over-theoretical sort advanced here have no merit whatsoever in this sort of case.

The case also raises issues about the Court’s discretion … Read the full post

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

Housing policy dribbles

By NL on 08/06/2010. 7 Comments

Or the good, the bad and the ugly from the Housing minister and the Communities and Local Government secretary.

Grant Shapps, housing minister has been setting out some plans, or perhaps aspirations. Mostly, these seem to involve encouraging people to buy houses. And encouraging mortgage lenders to lend more to people to buy houses. Via an unspecified “structural change” in how supply meets demand. Sounds like a plan, and one we haven’t seen before…

On rented accommodation, Mr Shapps confirmed that the national landlord register mooted under the last government will be scrapped. The rest of the Rugg review recommendations and being considered – more to come shortly, but … Read the full post

Posted in Housing law - All, Regulation and planning and Various (non-housing). Tags: , , , , , .
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