So, I gave a talk on the deposit scheme post Localism Act on Tuesday morning, then surface to immediately find word of a new wheeze being tried by landlords. Just how quickly can one become outdated? The Housing Act 2004 as amended by the Localism...
All the blog posts, most recent first
Give Me Back My Money
We bring you two interesting reports from the world of Rent Repayment Orders. Briefly, these stem from a power under s73 and 74 of the Housing Act 2004. These sections allow a Residential Property Tribunal to award a tenant or local authority the...
Disputed facts, s.204 appeals and Article 6 to the ECtHR?
You may recall Ms Ali of Ali & Ibrahim v Birmingham CC (heard in the Supreme Court as Tomlinson & Ors v Birmingham City Council [2010] UKSC 8 (our report here) The issue in Ms Ali's case was a dispute of fact about whether an offer of...
Housing Law Conference 2012
11 December 2012 – The Royal College of Surgeons, London Yes, it is time for the annual HLPA Housing Law conference. We advertise it (for free) because it is good and some of us are involved with it. A number of the NL team will be there, looking...
A makeover…
After much swearing, faffing and fiddling with the placement of semi colons in the underlying code of the site, the new look blog is here. It is hopefully cleaner and easier to read, while keeping all of the functions of the old site. It should...
Quis custodiet ipsos custodes?
Property Guardians seem to be a growth industry. If you haven't come across these yet, you probably will at some point. The Guardian agency puts people into a vacant commercial or residential building to live as occupiers, effectively providing...
Deja Vu All Over Again (and again)
In Samin v Westminster CC [2012] EWCA Civ 1468 [not on bailii yet - lawtel has a transcript], the Court of Appeal had to decide what was meant by someone being "temporarily unable to work" so as to determine if Mr Samin retained his status as a...
JR, the rule of law, and administrative justice
According to Cameron, there is a need to restrict the right to judicial review to ensure the country's economic competitiveness. As he put it, judicial review should, therefore, cost more, have shorter deadlines, and fewer rights of appeal. This...
A cautionary tale
In R(Hamid) v Secretary of State for the Home Department [2012] EWHC 3070 (Admin) [not on Baili yet, but apparently on Lawtel], the Divisional Court signalled its intention to get much tougher on out of hours administrative court applications to...
Express/Constructive trusts: Oh dearie me!
Maybe I've been doing this job too long but there are some things which just seem so obvious to me. I know that the common intention constructive trust is really interesting - empirically as well as in law - but you can't just jump straight in. ...
Suitability: Of time and distance
With perfect timing, a County Court section 204 appeal judgment reaches us, on the issue of suitability of temporary accommodation. With the context of out of borough placements and the post Localism Act situation, this seemed worth considering and...
‘Homeless Legislation – a thing of the past?’
[Update at the end of the post 15/11/2012] Now that the Guardian has the story, I feel able to quote a briefing paper by Andy Gale of the DCLG that had found its way to me. This is the briefing that Andy Gale has been giving to Council officers...