As an illustration of how complex housing law has become, and how difficult for a litigant in person, comes Sheppard v London Borough of Richmond-Upon-Thames [2012] EWCA Civ 302. This was a failed permission for second appeal to the Court of Appeal,...
“About to be in need” and prospective care assessment
This is a quick note on the effect of NM, R (on the application of) v London Borough of Islington & Ors [2012] EWHC 414 (Admin) on when a Council is required to carry out an assessment under section 47 of the National Health Service and...
Costs on settled appeals
A quick note on a useful case on costs where an appeal has been settled. Harripaul v London Borough of Lewisham [2012] EWCA Civ 266 was an appeal to the Court of Appeal from a failed S.204 appeal to the County Court on a homeless matter. The appeal was given...
Don’t Panic!
The Residential Landlords Association appears to have got its collective knickers in a bit of a twist over proportionality. According to its press release and a report on 24dash, the RLA has suddenly decided that Powell v Houslow presents a dramatic threat...
The cost of criminalising trespass
The Government's proposal to criminalise trespass to residential property, contained in LASPO at clause 136, is due to be considered at report stage in the House of Lords tomorrow (Tuesday 20 March). The Government's estimate of additional costs arising from...
Single room rate and social housing
[Updated 15 March, see below] Joe Halewood, who runs a fine blog on supported housing at SPeye, has unearthed a rather alarming statement from the DWP buried in the impact assessment on under occupation changes to HB for social housing from October 2011. The...
Housing and LASPO – Urgent
The Legal Aid, Sentencing and Punishment of Offenders Bill enters report stage in the House of Lords from 5 March. Any further amendments to the bill in the Lords must happen at this stage. It is likely that the social welfare provisions, including housing,...
What is the difference between a jacuzzi and a sauna?
This may be one of the more esoteric points to be heard by the Court of Appeal on terms of a lease, but one of the issues in Newman v Framewood Manor Management Co Ltd [2012] EWCA Civ 159 was whether Mrs Newman was entitled to damages for loss of...
Homelessness, proportionality and children
A very welcome guest report on this s.204 Housing Act 1996 Appeal by Alice Hilken of 1 Pump Court, who acted for the appellant, instructed by Rahman & Co. Kumaning v London Borough of Haringey December 2011, Central London County Court, HHJ Saggerson The...
Access to justice, between 11 am and 1 pm only
As of April 2012, all Civil and Family Courts in the London region (and apparently throughout England and Wales) will be changing the opening times of the court desks. They will be open only between 11 am and 1 pm. According to HMCTS: Court users attending...
Pigeons in the flat alas*
Siveter v Wandsworth LBC (2012) CA (Civ Div) 16/02/2012 [Not on Bailii yet, just a Lawtel note] S was the secure tenant of Wandsworth in a 4th floor flat. She had complained to Wandsworth about pigeons nesting outside her flat, in a cupboard that had an...
“I could be a lawyer with stratagems and ruses”*
Wasted costs orders are scary things. There is the censure by the Court, of course, but worst of all, the solicitors then have to pay and, no matter how much or how little, that rips shreds out of the very essence of their being. Threats to pursue wasted...