R (Hassan) v Croydon LBC (Admin Court 13 January 2009. Only reported so far in Arden Chambers eflash 336) was a judicial review on the discretion to secure accommodation pending s.202 review under s.188(3) HA 1996 and whether a potential duty under s.20...
New year revamp?
Albeit too late and too slow to count as a new look for 2009, a few changes are being slowly rolled out hereabouts. There's a new header and tag line (both likely subject to further revision), a new title font, a re-jig of the blogroll listing to the right,...
Deposits – the mandatory award again
As noted by Tessa at Landlord Law, the current (January 09) Legal Action housing updates includes a tenancy deposit case which further muddies the waters. Ferguson v Jones, Birmingham County Court 5 Nov 2008 concerned an assured shorthold tenancy. Ms Jones...
On the Naughty Step – guest post
[In a bit of an innovation, we have a guest writer for a naughty step post. My grateful thanks to M for a cracking post....] You get the distinct impression with some that it’ll take a bit more than being placed on the naughty step for them to see the error...
Homelessness collaboration agreement
Out of Leeds comes an interesting story (picked up via Shelter's Roof blog) about an agreement between the Local Authority, two Citizens Advice Bureaux and Shelter's West Yorkshire Advice Service. Leeds City Council has signed an agreement with the CABs and...
A warm welcome
We've had an email from HHJ Madge, perhaps better known to housing lawyers as Nic Madge, co-editor with Jan Luba QC of LAG's housing law updates and general all round doyen of the field. I'm delighted to be told that Nic Madge has started his own site, which...
Have a good break
Nearly Legal is on holiday for a bit. Don't expect anything much before early January. Unless, of course, something comes up, or a whim takes one or more of us by force. A well earned rest to all our readers, before a doubtless to be frenzied 2009.
Refusing Temporary Accommodation
Once someone is in temporary accommodation, following an acceptance of the full housing duty to a homeless person by the local authority, what happens when that temporary accommodation becomes unreasonable for the household to continue to occupy, but...
EU Workers and housing eligibility
Barry v London Borough of Southwark [2008] EWCA Civ 1440 concerned an EEA national's eligibility for social housing, via a Part VII application. EEA 'workers' are eligible for housing assistance as they are not persons subject to immigration control for the...
Expanding the Public Law defence, a bit
What Doherty v Birmingham City Council (Secretary of State for Communities and Local Government intervening) [2008] UKHL 57 actually means for a public law defence to possession claims, particularly summary possession, was the subject of London Borough of...
Homeless review, Reg 8(2) and changed facts
Reg 8(2) of the Allocation of Housing and Homelessness (Review Procedures) Regulations 1999 provides that if a reviewing officer on s.202 review considers: that there is deficiency or irregularity in the original [s.184] decision, or the manner in which it...
A Post-Doherty Appeal?
Doherty v Birmingham CC [2008] 3 WLR 636 left us all wondering about the form and limits of a challenge to summary possession proceedings. My attempt at smuggling proportionality into a public law defence settled, for instance -good for the client, rather...