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In which two [now confirmed as four] Housing Associations behave very badly in anticipation of the benefit cap. Haringey is one of the pilot boroughs for the benefit cap, limiting the total amount of benefit, including housing benefit/LHA (and...
In R (JL) v SSD [2013] EWCA Civ 449, the Court of Appeal "broke new ground"* by considering how Article 8 applied to the stage at which possession orders are enforced. Facts JL rented accommodation owned by the Ministry of Defence and had done so...
The Regulatory Committee of the HCA has published Protecting Social Housing Assets in a More Diverse Sector, which is styled as a discussion paper, but which also contains some thought-provoking questions about how regulation can and should work in...
The detail of this may have passed you by at the time, it certainly did me, but amongst the wind and posturing of David Cameron's 'big speech' in March on stopping immigrants from getting things from healthcare to driving licences was quite a...
At the very beginning of social housing, with the Peabody Estates in the 1860s, prospective tenants faced imposed requirements that we would now consider to be extraneous to the tenancy: Mandatory smallpox vaccinations; curfews; and cleaning rotas...
Salvesen and Riddell & Anor v. The Lord Advocate (Scotland) [2013] UKSC 22 It is not common for us to cover Scots Law, or Agricultural Law, here. However, both mores are to be broken in the face of an interesting convention decision from the...
The Legal Aid Agency has released a set of 'frequently asked questions' on scope and funding after 1 April just gone. A copy is here. The housing section is at 74-109 There are few surprises, but worthy of note is the position on disrepair: 81. Are...
Johnson & Ors v Old [2013] EWCA Civ 415 The Court of Appeal has been turning its mind to another of the odd questions that has sprung from the fertile litigious bosom of tenancy deposit protection. In this case the argument was over the question of...
If you look carefully, there is a small change on the site. A clue is in the header to this post. I (NL as was) have decided to write under my real name. After nearly 7 years of pseudonymity, I thought 'what the hell', and it isn't as if it isn't...
An appeal against conviction on an illegal eviction case. We didn't report it at the time, but in R v Jay Allen & Razwan Mohammed, in Sheffield County Court, September 2012, Jay Allen was convicted of illegal eviction under section 1(3A)...
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...
Just a note on a permission to appeal hearing: Northumberland & Durham Property Trust Ltd v Ouaha [2013] EWCA Civ 291 [Not on Bailii yet, noted in the Garden Court Bulletin] A Rent Act tenant died in November 2010. The other occupant was his 16...