More on “vulnerability”

In Guiste v Lambeth LBC (2019) EWCA Civ 1758, the Court of Appeal returned again to the meaning of Lord Neuberger’s eliptical phrase in Hotak v Southwark LBC that, for the purposes of the homelessness provisions in the Housing Act 1996, vulnerability meant being significantly more vulnerable than ordinarily vulnerable as a result of being made […]

Possession and the PSED (again)

London and Quadrant HR v Patrick [2019] EWHC 1263 (QB) follows hard on the footsteps of Powell v Dacorum BC [2019] EWCA Civ 29 and Forward v Aldwyck Housing Group Ltd [2019] EWHC 24 (QB) (our note here), with Turner J making some fairly caustic observations about the use of the public sector equality duty […]

HHSRS Review

A company called RHE Global in Carmarthenshire has been appointed by MHCLG to conduct a review of the HHSRS.  They want responses by 24th February to an online questionnaire (https://www.surveymonkey.co.uk/r/5KBYJDD) particularly from tenants and those organisations and services which provide support and advice to tenants.  There are 17 questions – this does not appear to […]

How many reviews?

In R(B) v Redbridge LBC [2019] EWHC 250 (Admin), Jeremy Johnson QC, sitting as a Deputy Judge, was required to adjudicate on what is, as far as I am concerned, a really important point of practice, given the nature and continuing obligations of suitability of accommodation in homelessness cases, and the increasing number of suitability reviews […]

Jurisdiction: s. 204 appeals

Adesotu v Lewisham LBC Case No E40CL183, a decision of HHJ Luba on preliminary issues handed down on 8th February 2019, is so going to the Court of Appeal that the judge (having been satisfied that Ms Adesotu and her household would continue to be accommodated by Lewisham) invited Counsel to agree the route to enable […]

Nominations agreements and the Equality Act

I was excited to see R(Z) v Hackney LBC & Agudas Israel HA (2019) EWHC 139 (Admin), because it is the first case in which the thorny issue of “nomination” rights and, potentially, the concept of a “true void” have arisen for full decision by a court of record (of which I know anyway), and before the […]

Possession and the PSED

In Powell v Dacorum BC (2019) EWCA Civ 29 and Forward v Aldwyck Housing Group Ltd (2019) EWHC 24 (QB), the question of the effect of the public sector equality duty under s. 149, Equality Act 2010, on possession proceedings where there had been drugs problems at the property was in issue.  They were different cases in that, although […]

Hillingdon’s 10 year rule (Again)

As a socio-legal academic, I just love it when a court has to deal with “the empirical evidence” (and, as an occasional qualitative researcher, also love it when quals are regarded as superior to quants).  In R(TW)(No 2) v Hillingdon LBC (2019) EWHC 157 (Admin), the question for Rowena Collins-Rice, sitting as a Deputy High Court […]

Tenure is not a medical matter

In Kannan v Newham LBC (2019) EWCA Civ 57, Lewison LJ once again (after Lomax – our note) has considered the effect of the public sector equality duty on a review, this time concerning suitability.  Mr Kannan and his household had lived in “temporary” accommodation for 2 1/2 years.  The flat was accessed by an external metal staircase […]

Relevance and homelessness

Safi v Sandwell BC (2018) EWCA Civ 2876 can be regarded as a footnote of some significance in the factors which are relevant in determining whether a household is homeless for the purposes of s. 175, Housing Act 1996.  (And, as a footnote to that footnote, a point for the cognoscenti of review processes: it is interesting […]