More results...
As ever, the lovely Legal Action housing updates have some interesting County Court cases that hadn't reached us. A couple in the August edition concern tenancy deposit cases. Nothing binding (and when will some of these cases reach a higher court?), but...
Scinto v London Borough of Newham [2009] EWCA Civ 837 is an appeal from Bow County Court on whether the tenant was still entitled to exercise her right to buy on terms first set out in December 1999. Miss Scinto initiated the right to buy process in...
The Government has just issued a consultation paper (available here) on extending the TSAs regulatory role to local housing authorities. Whilst the document is expressed to be a consultation, the tone of the document suggests that the Government is already...
DCLoG which, by all accounts, was cockahoop over Ahmad has issued a new draft Code of Guidance on allocations for consultation: Fair and Flexible. This amends parts of the 2002 Code and the 2008 Code on CBL. The new draft Code is obviously aimed at...
DCLoG have put out supplementary guidance to local authorities on intentional homelessness in the context of applicants who face homelessness following difficulties with mortgage commitments. I suspect if you look hard enough, you'll find it, but it's not...
I have found myself unaccountably lethargic post-lunch, so when the Chief put us on to the new DCLoG consultation document on "unauthorised tenancies" I jumped at the opportunity to post on it. It's a beautifully produced document with lots of pictures,...
In R (Boolen) v Barking and Dagenham LBC reported on Lawtel, the Claimant applied for judicial review of the the council's allocation scheme on the basis that (1) the council had implemented a "local connection" criterion into its prioritisation decisions...
The next amendment to the civil procedure rules has been passed in the form of the the Civil Procedure (Amendment) Rules 2009. The change has not (yet) been noted on the Ministry of Justice's CPR website but I am anticipating that they will form part...
We don't usually cover gypsy & traveller planning permission cases, since they tend to turn on their own facts, but Rafferty and another v Secretary of State for Communities and Local Government and another [2009] EWCA Civ 809 has one point of wider...
The decision of the Court of Appeal in Nationwide Building Society v Wright [2009] EWCA Civ 811 confirms that a court need not set aside a final charging order merely because the order was made at a time when the owner of the property was insolvent but had...
Araya, R (on the application of) v Leeds City Council [2009] EWHC 1962 (Admin) S.188 Housing Act 1996 accommodation, provided pending s.184 decision or s.202 review of a negative s.184 decision, must be 'suitable'. This means that any accommodation to which...
The CA have just handed down judgment in Manchester CC v Pinnock[2009] EWCA Civ 852, concerning the evidence that can be taken into account to justify a breach of a demoted tenancy at a review panel, the proper role of the County Court in such a...