Assorted – Licensing and prior offences, RROs and section 8 Notices

A triplet of brief notes. Hussain & Ors v London Borough of Waltham Forest (HOUSING – licensing) (2019) UKUT 339 (LC) This appeal was on the issue of whether a local authority and the First Tier Tribunal could take into account previous convictions that were spent under the terms of the Rehabilitation of Offenders Act […]

Discrimination in ‘one succession’ for secure tenancies

Simawi v London Borough of Haringey (2019) EWCA Civ 1770 We saw this case in the High Court – our report here – now this is the court of appeal judgment on Mr S’ appeal, seeking a finding that there was discriminatory treatment in the Housing Act 1985 succession rules between a person who became a […]

Job Ad – London/Sheffield

Anti Trafficking and Labour Exploitation Unit Job Vacancy with ATLEU’s Legal Team – Housing Lawyer (London or Sheffield) Anti Trafficking and Labour Exploitation Unit (ATLEU) is recruiting! We have a vacancy for a Housing Lawyer (Supervisor) within ATLEU’s award-winning Legal Team, located in either London or Sheffield. Join the team that is consistently at the […]

EPA prosecution and costs

Notting Hill Genesis, R (On the Application Of) v Camberwell Green Magistrates’ Court (2019) EWHC 1423 (Admin) I missed this at the time – May this year – I think because I was on hiatus. It is something of an oddity. It may well also be primarily of historical interest in any event, for reasons […]

For this relief, much thanks

The Manchester Ship Canal Company Ltd v Vauxhall Motors Ltd (2019) UKSC 46 Just a quick note to record that the Supreme Court has held that the equitable remedy of relief from forfeiture is not restricted to those with a proprietary interest (lease/tenancy, mortgage etc) but can also extend to licensees with possessory rights (ie […]

Bedroom tax, sanctuary schemes and human rights redux

Case of J. D. and A. v United Kingdom 32949/17 34614/17 The Supreme Court (Lady Hale and Lord Carnwath dissenting) found justified discrimination in imposing the bedroom tax on a woman who, as a result of domestic violence, had had her home treated under the Sanctuary Scheme to include the modification of the attic to […]

Permission to appeal out of time – the strict approach

Emambee v London Borough of Islington (2019) EWHC 2835 (QB) We saw what seemed like a rather harsh refusal on permission to bring a s.204 Housing Act 1996 homelessness appeal out of time in London Borough of Hamlets v Al Ahmed (2019) EWHC 749 (QB) (our note). Here is another one which seems to take a […]

Job Ad and Job sought

Shelter Expert housing law trainers required Shelter is recruiting freelance trainers to deliver our nationwide programme of courses. We would like to hear from solicitors, barristers and experienced housing practitioners who can train advanced housing law and homelessness topics. We are particularly short of experienced trainers based in the Midlands, East Anglia, the North West […]

Accommodation pending review – getting it wrong at s.189B stage

R (on the application of Laryea) v London Borough of Ealing (2019) QBD (Admin) 29/08/2019 (Not on Bailli, note of extempore judgment on Lawtel) Mr L was homeless and suffered from epilepsy and PTSD. He had applied to Ealing as homeless. He was placed in temporary accommodation and Ealing accepted he was in priority need, […]

Civil penalties, and appeals of appeals

AA Homes & Housing Ltd & Anor v London Borough Of Croydon (Order) [2019] UKUT B1 (LC) A bit of a curiosity, this. It is an Upper Tribunal decision on an application to for permission to adduce additional grounds of appeal to an appeal of an FTT decision on an appeal of the imposition of […]