In our shiny bright new year, DCLG is consulting on a new version of the Allocations Code of Guidance following the enactment of the Localism Act 2011, which has made several seemingly minor substantive alterations to Part 6, Housing Act 1996...
All the blog posts, most recent first
Crumbs of comfort for those ‘too poor to go bankrupt’
Secretary of State for Work and Pensions v Payne & Cooper (test case) [2011] UKSC 60 This is a decision of the Supreme Court. It considers the issue of whether deductions in respect of Social Fund Loan repayments and overpaid benefits can...
Housing benefit and available accommodation
The Chartered Institute of Housing and the Guardian have put together the results of a survey into the effect of the housing benefit/LHA limits and the pegging to the bottom third of market rents coming into force in January. Specifically the...
Proportionality, Art. 8 and Monk
Chesterfield BC v Bailey is a highly instructive case heard at first instance by Recorder Tilbury in the Derby County Court. We thank Philip Barber of Zenith Chambers for providing us with a transcript of the judgment. The Defence was run by...
Ain’t nothin’ goin’ on ’bout the rent
Tolui v London Rent Assessment Panel [2011] EWHC (Admin), [2011] All ER (D) 126 (Dec) [On Lawtel, not on Bailii yet] Or how not to go about challenging a Rent Assessment Panel decision. Mr T is the landlord of a rent act protected tenancy. In 2009...
Let’s all move to … Wales
We have previously commented on various housing and homelessness developments in Wales. These have been individual interventions into homelessness and the legislative competence order giving legislative housing powers to the Assembly. Moves are...
Annual rituals
Happy new year to all who read, comment on or write for Nearly Legal! This is usually a moment to take stock of the past year and look forward to the next, but I'm feeling far too lazy to do it properly. Luckily, the DCLG have made the task easier...
Policy, possession and proportionality
Denry Okpor v London Borough of Lewisham, Bromley County Court 25 October 2011 [Transcript not publicly available] This was a rolled up permission to appeal and appeal hearing (on which more later) for appeal to a Circuit Judge from a possession...
When everyone agrees
Southwark LBC v Leaseholders of the London Borough of Southwark [2011] UKUT 438 (LC) [not yet on bailii] was an appeal brought by Southwark against the decision of the LVT (our report here) not to grant them dispensation from complying with the...
You better watch out, You better not cry
Just when I thought we weren't going to have a seasonal story this year. Westminster Council have ridden to the rescue. A new proposal, announced by the eminently sane and reasonable Councillor Phillipa Roe, is that from April 2013, Westminster are...
When Age is Not Just a Number Part II
Hot on the heels of the KN v Barnet report is the Court of Appeal judgement in R (CJ) v Cardiff CC [2011] EWCA Civ 1590 (judgement handed down on 20/12/2011). The High Court proceedings were reported here. The important aspect of this appeal is the...
When Age is Not Just a Number
Regular readers may have noted that these pages have been quiet on the subject of age assessments and the entitlement to services under the Children Act 1989. The fact-finding hearing in The Queen (KN) v LB Barnet [2011] EWHC 2019 (Admin) was heard...