Abdulrahman, R (on the application of) v The London Borough of Hillingdon [2016] EWHC 2647 (Admin) This was judicial review of Hillingdon's refusal to accept a homeless application from Ms A. Ms A and her then husband had made a joint homeless application...
Homeless Reduction Bill – part 2
After my rantette about clause 1 of the Homeless Reduction Bill as published for second reading, it is time to turn to the substance of the Bill in terms of new duties and so on. And, some drafting issues aside, these are broadly positive. But first, I...
Reducing the Homelessness Reduction Bill. Part 1
Monday's big news was the Govt announcement that it will support the Homelessness Reduction Bill - Bob Blackman MP's private members bill, due for second reading on 28 October. But exactly what is it that the Govt is supporting? The first draft of the Bill,...
Warrant on breach of SPO – permission required
We foreshadowed this appeal hearing here, and now we have the Court of Appeal judgment. And it is important. Cardiff City Council v Lee [2016] EWCA Civ 1034 The sole issue on the appeal was: can the court proceed to validate a warrant of possession where a...
Guest post – permission for warrants of possession?
This is a guest post by Michelle Caney and Nicholas Towers of St Ives Chambers. Anyone wanting to enforce possession orders should keep an eye on Cardiff County Council v Lee (Flowers), scheduled to be heard by the Court of Appeal on 18 or 19 October 2016,...
In the Tribunals…
Quick notes on a couple of Upper Tribunal (Lands Chamber) cases. Cardiff Community Housing Association Ltd v Kahar [2016] UKUT 279 (LC) Ms K had a weekly tenancy of a flat (initially her daughter's flat but assigned to her in 2014 by mutual exchange). The...
Time, distance & suitability
Begum v Tower Hamlets LBC. County Court at Central London. 1 December 2015 Thanks to the Housing: Recent Developments in the September 2016 edition of Legal Action for the note of this case. This was a s.204 appeal of a s.202 review of suitability of...
Homeless eligibility amends and deposit discretions
The Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) Regulations 2016 have (finally) been made to come into force on 30 October 2016. These sort out the anomaly highlighted in Romans v Southwark LBC and SSDCLG and Alabi v SSDCLG...
We eat ham and jam and spam a lot
Property guardian companies. Just when you think that most of the firms involved have managed some form of legality around their possession and eviction practices, they go and disappoint you. Way back in 2012, we noted the widespread failure of property...
Vulnerability, ‘significantly’ and equality duties
S Butt v London Borough of Hackney. County Court at Central London. 22 February 2016 (PDF of judgment) This was another in a number of county court judgments on section 204 Housing Act 1996 appeals which turned on the question of vulnerability after the...
‘Solicitor’s agents’ and rights of audience again
We had a look at this issue many years ago, and now, with thanks to Gordon Exall at Civil Litigation Brief, there is information on a county court case on the point. This is of significance, and potential use, as the appearance of 'solicitor's agents' for...
Short term lets and private residences
Nemcova v Fairfield Rents Ltd [2016] UKUT 303 (LC) We've seen a First Tier Tribunal case on breach of lease by use of the property for short term lets through Airbnb. Here the Upper Tribunal weighs in on the significance of lease covenants for short term...