Mason v 1) Olivera and 2) Santana, Claim no: K2PP0132 (15th December 2023, County Court at Clerkenwell and Shoreditch) Our grateful thanks to Garden Court Chambers for details of this judgment on a housing conditions counterclaim to a claim for possession....
Suitability, disability discrimination and dogs – temporary accommodation
AB & Anor, R (On the Application Of) v Westminster City Council (2024) EWHC 266 (Admin) This was a judicial review of both the suitability of accommodation provided to a homeless couple, and also of Westminster's policy of sourcing temporary...
Leasehold Upper Tribunal roundup
Some quick notes on various recent (ish) Upper Tribunal decisions Crisplane Ltd v Plymouth Community Homes Ltd (LANDLORD AND TENANT - SERVICE CHARGES - liability of lessee under right to buy leases to contribute to cost of repairing roof - s.139 and Sch.6,...
Landlords behaving badly corner – racial discrimination and harassment
Our thanks to Doughty Street Chambers for their note on this judgment. Hickmet and Cheerz Express Limited v Dragos (Luton County Court, 19 January 2024) Ms Dragos was the assured shorthold tenant of Cheerz Express, with the tenancy beginning 1 June 2017. A...
Affordability and suitability – getting the numbers right
Our grateful thanks to Liam Evans and Daniel Grütters of One Pump Court for this note of a s.204 appeal on an affordability assessment for a suitability decision, including the vexed topic of use of AHAS guidance. Ake v Lewisham Borough Council (2024)...
Out of borough accommodation and the homelessness relief duty – raising issues on review
Moge v London Borough of Ealing (2023) EWCA Civ 464 Another one that I am apparently late in writing up. A second appeal to the Court of Appeal from a s.204 appeal. Ms Moge was owed the section 189B Housing Act 1996 relief duty as homeless by LB Ealing....
Wrong in principle
Morgan v Business Mortgage Finance 5 Plc (2024) EWHC 309 (KB) Another one for the 'don't do this' pile. This was a High Court hearing of an ex parte application for an 'emergency injunction' to stay an eviction (amongst other things). Mr Morgan was defending...
ASB and disqualification from the housing register
Willott, R (On the Application Of) v Eastbourne Borough Council (2024) EWHC 113 (Admin) A judicial review of Eastbourne's allocation policy and of Eastbourne's decision to exclude Ms Willott from joining the housing register on grounds of 'serious anti...
A lack of candour over a lack of discretion
Montano, R (On the Application Of) v London Borough of Lambeth (2024) EWHC 249 (Admin) A short note on this judicial review. Ms M had requested that Lambeth exercise a discretion to back date her entry on the housing register (for greater priority) to the...
Intentional homelessness from a half way house
Kyle v Coventry City Council (2023) EWCA Civ 1360 Yes, I am very late with this one. I've found a browser tab group I must have accidentally closed at some point.... Mr K was homeless and addicted to class A drugs. During the relevant period for this second...
Macbeth, Act 5, Scene 5*
It takes a special kind of person who, faced with the multifaceted horrors of our disfunctional housing system, decides that what is really needed is to make it harder for some people to access social housing and to create new grounds or possession.** Yet...
The HMO that wasn’t – Rent Repayment Order appeal
Barker v Shokar (HOUSING - RENT REPAYMENT ORDER - criteria for identifying a 'self-contained flat' - whether building was a house in multiple occupation - adequacy of reasons) (2024) UKUT 17 (LC) This was a landlord's appeal of a rent repayment order made by...