More results...
We are all aware that there is no general entitlement to permanent accommodation via the Part VII route (R v Brent ex p Awua). So it is interesting to find a s.204 appeal where it was argued that the Appellant had a legitimate expectation of permanent...
The recent case of Birmingham CC v Beech contains a wealth of legal issues but sadly for the Defendant, none of them was decided in her favour. Mrs Beech's parents had been joint tenants of a 3 bedroom property at 31 Tilshead Close, Birmingham since 1967....
OK, so the title of this post may be an exaggeration of what is only a passing reference to an old friend in Fareham BC v Miller [2013] EWCA Civ 159. But it is interesting to see it used as part of the 'nuts and bolts' of an Article 8/proportionality...
Birmingham CC v Ashton is a case which illustrates the difficulty that judges face when they are invited to make possession orders on the grounds of nuisance and anti-social behaviour against tenants with mental health problems. The Council relied on four...
None of us I think can be blamed for presuming that in statutory homelessness appeals, costs ought to follow the event. It seems, though, that not all judges view appeals in this way and the Court of Appeal will shortly be looking at this issue in the case...
Hot on the heels of Buckland v UK follows a further decision of the ECtHR: Pelipenko v Russia, which is likely to add further weight to the Article 8/private sector debate. The case is distinctive for the State's shocking mishandling of the litigation...
The ECtHR's recent decision in Buckland v UK [updated link to amended judgment 5 October 2012] demonstrates again how wonderfully delphic the subject of housing and Article 8 rights has become. In one sense, the outcome was fairly predictable because the...
Our previous report on the possession claim in Defence Estates v JL and another [2009] EWHC 1049 (Admin) can be found here. There now follows a judicial review of the decision to enforce the possession order made in that claim: JL v SS for Defence [2012]...
[amended on 4/7/12] This is a note of a homelessness appeal which was heard on 9/3/2012 by HHJ Worster in Birmingham County Court. The case was run by the Community Law Partnership and by counsel, James Stark, who kindly provided a transcript of the...
Three more housing-related cases have been decided recently by the ECHR: Bjedov v Croatia (29/5/12) Mrs Bjedov was granted a joint tenancy of a 'specially protected' flat in Zadar, Croatia in 1975 and she became the sole tenant after the death of her husband...
Two very recent Court of Appeal judgements have looked at the extent of a Local Authority's obligations under Reg 6(2) of the Allocation of Housing and Homelessness (Review Procedures) Regulations 1999: Maswaku v Westminster CC and El Goure v RB Kensington...
Two interesting cases have been delivered by the ECHR in the last few weeks: Mago and others v Bosnia-Herzegovina and Yordanova and others v Bulgaria. Mago The applicants in Mago held tenancies for life of flats within Bosnia-Herzegovina (with the exception...