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...
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...
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...
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,...
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...
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...
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...
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...
Rent payments, unless orders and relief from sanction
This is not really a housing case, being a commercial lease dispute, but there are a couple of points about relief from sanction and rent payments that are worthy of noting. Michael v Lillitos (2019) EWHC 2716 (QB) An appeal from a County Court decision on...
Dishonourable discharge
SH, R (on the application of) v The London Borough of Waltham Forest (2019) EWHC 2618 (Admin) This was a judicial review of Waltham Forest's decision that it had discharged its s.193 Housing Act 1996 duty (the full homeless duty) to Ms SH by an offer of...
No relief and unbalanced windfalls
Timbo v London Borough Of Lambeth (2019) EWHC 1396 (Ch) This is another in our occasional series of cases where residential leaseholders have had their leases forfeited and not obtained relief from forfeiture. (For other examples, see here, and here). As...
Unlicensed HMO and date of offence
Luton Borough Council v Altavon Luton Ltd & Ors (2019) EWHC 2415 (Admin) An appeal by way of case stated from a DJ's decision at Luton Magistrates. The sole issue was whether the informations in the case had been laid within 6 months "from the time when...