Curiosities and wonders

When the First Respondent in a possession case is styled “The Sovereign Indigenous Peoples of Scotland” and the second, named, Respondent describes himself as “A Member of the Government of Scotland”, you suspect that you know in advance how things will go. In The Petition of the Scottish Parliamentary Body against (First) The Sovereign Indigenous Peoples of […]

You’ve lost that loving Ealing. (Sorry)

H & Ors, R (On the Application Of) v Ealing London Borough Council [2016] EWHC 841 (Admin) Ealing’s allocation policy has already had lawfulness problems, compounded by Ealing’s unlawful refusal to do anything about that unlawfulness. But this judicial review of the policy was on a different basis and confirms a whole fresh ground of […]

Discrimination in allocation

Courtesy of Garden Court North Chambers and Joseph Markus of GCN is this note of a settled judicial review claim on an allocation policy’s local connection requirements. R (VC) v North Somerset Council (Equality and Human Rights Commission intervening) CO/3801/2015 This claim concerned a challenge brought by an Irish Traveller to a “local connection” requirement […]

Ealing Comedy

R (on the application of A) v Ealing London Borough Council (2015) QBD (Admin) (Patterson J) 16/12/2015 (Not on Bailii yet, note on lawtel) Back in August, Ealing’s allocation policy was found to be unlawful in HA, R (On the Application Of) v London Borough of Ealing [2015] EWHC 2375 (Admin) (our note). In fact it was found […]

Wherever I lay my hat… Residence tests for allocation policies

HA, R (On the Application Of) v London Borough of Ealing [2015] EWHC 2375 (Admin) This is, I think, a very significant case for all Councils who have or are considering setting residence requirements in their allocation policies. Like quite a few councils, certainly in London, LB Ealing changed its allocation policies for Part VI […]

IT wasn’t

In Wandsworth LBC v Tompkins [2015] EWCA Civ 846, Wandsworth had purported to grant Mr and Mrs Tompkins an introductory tenancy of a property; only, as the Court of Appeal found, it wasn’t an IT because it couldn’t be.  Mr and Mrs Tompkins had made a homelessness application.  There was some toing and froing on […]

Human Rights Update

Zammit & Attard Cassar v Malta [2015] ECHR 751 This is the latest in the sequence of cases dealing with rent controls and breaches of A1P1 (previous note here). The property in this instance was let under a commercial lease and in 2002, the applicants obtained a report valuing the yearly rent at 7,000 EUR. […]

Westminster again…

In R(Alemi) v Westminster CC [2015] EWHC 1765 (Admin), which has been widely reported already (eg here; and all over my twitter feed), HHJ Blair QC found that Westminster’s allocation scheme was unlawful in disbarring successful homeless applicants (other than a small group) from bidding for social housing in their first 12 months on the list. […]

ECtHR and Social Housing-Two Recent Judgements

Happi v France 9/4/15 (judgement in French only) Mr H lives with his family in unsatisfactory and hazardous accommodation in Paris. On 28/12/10, Paris’ Administrative Court ordered the Ile-de-France authority to provide the family with urgent accommodation. This was followed by a further decision on 31/1/12 ordering the authority to pay a fine and to […]

No duty of care in allocation decisions

Darby (administratrix of the estate of Lee Rabbetts deceased) v Richmond Upon Thames LBC [2015] EWHC 909 (QB) [Not on Bailii, we’ve seen the judgment]. Can a council’s failure to carry out its responsibilities under its allocation scheme be the subject of a claim in breach of duty of care? This was the hearing of […]