Homelessness and capacity

In WB v W DC (2018) EWCA Civ 928, the Court of Appeal revisited the question of whether a person without capacity to make choices about their accommodation can make an application for homelessness assistance.  The House of Lords in R v Tower Hamlets LBC ex p Ferdous Begum (1993) AC 509 (linked with Garlick, in which it was […]

Capacity and applications: Homelessness

Last night, I was in Leeds at the wonderful Centre for Law and Social Justice, and discussed with some scholars and lawyers (over a few drinks) the way in which housing law appears to have become its own isolated and insular sub-discipline.  This was particularly in the context of human rights and capacity decisions.  I […]

More vulnerability

Rother DC v Freeman-Loach [2018] EWCA Civ 368 is the latest installment on the interpretation of vulnerability for the purposes of homelessness law, with a sting in the tail about s 204A appeals.  Mr Freeman-Loach suffered from ostoarthritis, anxiety and depression, and, following a couple of strokes (the last in 2013), a speech impediment and […]

Possession and section 11, Children Act 2004

In Davies v Hertfordshire CC [2018] EWCA Civ 379, the Court of Appeal addressed the question of the relevance of s 11, Children Act 2004 on a mandatory possession claim brought by Herts against Mr Davies, a former school caretaker living in tied accommodation with his wife and four children.  Herts claimed mandatory possession on service […]

Promises, promises: Estoppel in the West Country

As we University academics are currently on strike (pension cuts – see today’s report and this Guardian article), I can catch up on a little blogging as a form of “teaching out”.  While Bristol Combined Court was flooded, HHJ Matthews, an academic judge, heard and gave judgment (at the Rolls Building) in two proprietary estoppel […]

Beach huts: chattels, leases, estoppel

Gilpin and ors v Legg [2017] EWHC 3220 (Ch) is a gift (at least to land law examiners) that is going to keep on giving.  This is not just because of the claims discussed – whether beach huts were fixtures or chattels, whether a lease had been granted to the owners of the huts, whether […]

Re-classifying housing associations

Slightly under the radar (possibly), but of enormous significance, the ONS has re-classified housing associations (or private registered providers of social housing – in the new language which I can’t get used to) as private sector, and in so doing has wiped around £60billion off the public sector debt.  It is this re-classification which has given […]

Almshouses, tenancies and Article 14

This post is my Christmas gift to land law students everywhere in the UK.  It is a discussion of the very important Court of Appeal decision in Watts v Stewart [2016] EWCA Civ 1247, which concerned whether charitable providers of accommodation (in this case, almshouses, but, in principle, the issue in the case is broader) are exceptions to […]

Second (non-) succession

In Holley v Hillingdon LBC [2016] EWCA Civ 1052, Mr Holley was seeking to challenge the council’s decision to evict him and his brother from a three bedroom property that could sleep up to six persons, in which Mr Holley had lived for 32 years of his life and where he was suffering from a range of mental […]

A non-binary outcome

This is a cautionary tale for DJs and DDJs hearing Equality Act defences.  In Birmingham CC v Stephenson [2016] EWCA Civ 1029 (not on Baili yet, but we have seen a transcript), the Court of Appeal considered whether a possession order granted in respect of an introductory tenancy was wrongly granted where an Akerman-Livingstone Equality Act style defence […]