Mohamed v London Borough of Barnet (2019) EWHC 1012 (QB) Ms M was placed in temporary accommodation by LB Barnet following a homeless application. Barnet found her to be intentionally homeless but continued to provide accommodation under Children Act 1989....
The End of Section 21
I'd suggest sitting down before you read this. The Secretary of State for Housing, Communities and Local Government, James Brokenshire, has announced/is to announce depending on when you read this, that the Government is to abolish section 21. Honest....
The wrong doctors
R(Al-Ali) v Brent LBC (2018) EWHC 3634 (Admin) (not on Bailii. We have seen a judgment and it is also reported in March 2019 Legal Action Housing: recent developments). There is, I think little of legal significance in this judicial review permission...
Homelessness – capacity to apply
R(Uddin) v Southwark LBC (2019) EQHC 180 (Admin) (Not on Bailii. We've seen a copy of the judgment. Also reported in the March 2019 Legal Action Housing: recent developments). Mr U is a single man. In May 2018, he was assaulted and suffered a serious brain...
Ending duties after the HRA
R (OAO Harris) v London Borough of Islington. High Court (Admin) CO/1282/2019 (unreported, settled March 2019.). This is a settled judicial review, I've seen the grounds, interim order and final consent order. It raises a number of issues about the...
Landlord’s access and actually turning up
New Crane Wharf Freehold Ltd v Dovener (LANDLORD AND TENANT – clause in lease required tenant to permit the landlord to enter) (2019) UKUT 98 (LC) What counts as 'refusing access', where a landlord has a contractual right to access on notice? This rather odd...
Ain’t no going back – revisiting previous homeless decisions
Godson v London Borough of Enfield (2019) EWCA Civ 486 This is a rather odd second appeal, brought by Mr Godson in person. The brief facts were that Mr G was in temporary accommodation after Enfield accepted that it owed him the full housing duty under s.193...
Out of time homelessness appeals – trying to find representation not good enough reason
London Borough of Hamlets v Al Ahmed (2019) EWHC 749 (QB) Mr Ahmed had applied to Tower Hamlets (oddly named as 'Hamlets' in the reported judgment) as homeless. A decision that he was not in priority need underwent a s.202 review, which upheld the...
Property Guardians and HMOs – guilty
For some reason that, quite frankly, escapes me, assorted 'powers that be' have been non-committal on whether the Housing Act 2004 provisions on HMOs, licensing etc., and also the Part 1 enforcement of conditions and HHSRS, apply to properties occupied by...
Second possession orders and estoppel
Salix Homes v Mantato (2019) EWCA Civ 445 A court of appeal decision on a first instance application, where the main issue was whether, given an historic possession order, the landlord could bring fresh possession proceedings. Mr Mantato was Salix Homes...
The worst Part VII homeless decision ever?
There are bad homeless decisions by local authorities. We've all seen them. Findings of intentional homelessness for being evicted for complaining about a broken shower, or being evicted for getting pregnant in an HMO that didn't allow children. Decisions...
Game of forfeits
Golding v Martin (2019) EWCA Civ 446 It seems to be a bit of a thing, buying a leasehold flat, then leaving it unoccupied, moving abroad and forgetting about rent and service charges. Semi-fortunately for the leaseholder in this second appeal, the outcome...