The Blog

U Can’t Do This*

This is another in what turns out to be an occasional series of unregulated, unqualified ‘Evictions R Us’ outfits making catastrophic errors and costing their clients large amounts of money. You may recall Kassam v Gill & Gill, featuring ‘Remove a Tenant’. Now we have another example. Ojo & Opaleye v McAuliffe, County Court at […]

HHSRS Review

A company called RHE Global in Carmarthenshire has been appointed by MHCLG to conduct a review of the HHSRS.  They want responses by 24th February to an online questionnaire (https://www.surveymonkey.co.uk/r/5KBYJDD) particularly from tenants and those organisations and services which provide support and advice to tenants.  There are 17 questions – this does not appear to […]

How many reviews?

In R(B) v Redbridge LBC [2019] EWHC 250 (Admin), Jeremy Johnson QC, sitting as a Deputy Judge, was required to adjudicate on what is, as far as I am concerned, a really important point of practice, given the nature and continuing obligations of suitability of accommodation in homelessness cases, and the increasing number of suitability reviews […]

Supreme Court to consider remedies in bedroom tax cases

We noted here the Court of Appeal decision in Carmichael v Secretary of State for Work and Pensions [2018] EWCA Civ 548. In very summary terms, the Supreme Court decided in an earlier case that the application of the “social sector size criteria” / “bedroom tax” (choose the appropriate label depending on your view), as contained in Housing Benefit […]

Jurisdiction: s. 204 appeals

Adesotu v Lewisham LBC Case No E40CL183, a decision of HHJ Luba on preliminary issues handed down on 8th February 2019, is so going to the Court of Appeal that the judge (having been satisfied that Ms Adesotu and her household would continue to be accommodated by Lewisham) invited Counsel to agree the route to enable […]

Nominations agreements and the Equality Act

I was excited to see R(Z) v Hackney LBC & Agudas Israel HA (2019) EWHC 139 (Admin), because it is the first case in which the thorny issue of “nomination” rights and, potentially, the concept of a “true void” have arisen for full decision by a court of record (of which I know anyway), and before the […]

Job ad – Brixton

Brixton Advice Centre is looking for a full or part-time Housing Solicitor with at least 2-years PQE (minimum 17.5 hours per week) to work in our Housing Legal Aid department. Apply by 5pm on 15 February 2019. You will join a small, friendly and supportive team of staff and volunteers dedicated to providing high quality […]

Going off Half Breached

Toms v Ruberry (2019) EWCA Civ 128 This case deals with the lease of a public house. It has passed through a number of different landlords and tenants but the current landlord is Mr Toms and the tenant, Ms Ruberry. The lease contains a range of provisions common to commercial leases, the most important here being […]

Job ad – Slough (and Herts a bit)

Shelter Solicitor £37,485 pa depending on experience Fixed term until 30 September 2019 Slough, however please note this post will cover three Court Desk in Hertfordshire – Watford, St Albans and Hertford. Closing date: 17 February 2019 at 11.30 pm We’re looking for a qualified Solicitor with experience of handling a wide range of housing cases, […]

Possession and the PSED

In Powell v Dacorum BC (2019) EWCA Civ 29 and Forward v Aldwyck Housing Group Ltd (2019) EWHC 24 (QB), the question of the effect of the public sector equality duty under s. 149, Equality Act 2010, on possession proceedings where there had been drugs problems at the property was in issue.  They were different cases in that, although […]