But we're not going to do a 'roundup of the year' kind of post. It is all searchably there and anyway, we've already linked to one (although it is probably subscribers only by now). Instead, I just wanted to gaze at our collective navel a little and say a...
Birmingham Council Gatekeeping, with benefit of transcript
Kelly & Mehari v Birmingham CC [2009] EWHC 3240 (Admin) [Not on Bailii yet, available on Lawtel] Following our note here (and the very helpful comment to it) we've got the transcript of the judgment. (In fact I've had it for a few days, but it has been hell...
Care homes, consultation and the DDA
Boyejo & Ors, R (on the application of) v Barnet London Borough Council [2009] EWHC 3261 (Admin) This was the conjoined hearing of an application for Judicial Review of both Barnet and Portsmouth Councils, both JRs bought by Yvonne Hossack and here...
Physical violence only
Yemshaw v Hounslow LBC (2009) CA (Civ Div) 15/12/2009 [only as Lawtel note so far] This was an appeal to the Court of Appeal from a s.202 appeal on the issue of what 'violence' in s.177(1) Housing Act 1996 meant. S.177(1) provides that it is not reasonable...
Disrepair miscellany
The December Legal Action also has the annual housing repairs update. A big tip of the hat to Beatrice Prevatt. We've covered most of the cases here, but there are some others that are well worth a mention... Brunskill v Mulcahy [2009] EWCA Civ 686 (no link)...
Unlawful eviction quantum again
Aricioglu v Kaan Clerkenwell & Shoreditch County Court, 16 October 2009. The December 2009 Legal Action Housing Updates included this County Court claim for harassment and unlawful eviction. Mr A rented a room in a shared house from Mr K for £75 per week in...
Pinnock Permission
We've just heard that Pinnock in Manchester CC v Pinnock has been given permission by the Supreme Court. Our note of the Court of Appeal case is here ([2009] EWCA Civ 852). We had wondered about permission after Central Beds v Taylor was refused. I would...
New Local Authority Allocation Guidance
DCLG has released the new Code of Guidance for Local Authority allocation of housing. There is a slightly unfinished page about it here and a press release here. The Code of Guidance itself is here [link to pdf]. We will come back to the Guidance in a proper...
How to claim Housing Benefit without mentioning it
Novitskaya v London Borough of Brent & Anor [2009] EWCA Civ 1260 Just a brief note on this appeal from the Social Security Commissioners. At issue was what could constitute a claim for housing benefit, albeit a 'defective' claim. Ms N was granted refugee...
Lord Neuberger on housing law
The UKSC - an excellent blog (albeit technically and practically horrible to use) which is dedicated to the doings and ins and outs of the Supreme Court - has a interesting post on Lord Neuberger's keynote to the SHLA conference. I wonder how the SHLA...
On possession, recovery and quia timet injunctions
Secretary of State for Environment, Food and Rural Affairs v Meier and another and others and another and another [2009] UKSC 11 A Supreme Court Judgment handed down today, 1 December 2009. This was an appeal from the Court of Appeal, [2008] EWCA Civ 903,...
Shop an unlawful sub-tenant, win £500
The Government has decided to have a campaign against unlawful sub-tenancies of social housing, or rather against the unlawful landlords and tenants both. The estimated figures are that between 50,000 and 200,000 social properties are occupied by...