Bahta & Ors, R (on the application of) v Secretary of State for the Home Department & Ors [2011] EWCA Civ 895 This is not a housing case, but it is an important case on costs in settled claims for judicial review, which is a major issue for...
All the blog posts, most recent first
Homelessness, Workers and ‘effective employment’
Falastin Amin v Brent LBC, Wandsworth County Court 2011 A county court s.204 appeal on the issue of eligibility of an EU citizen as a 'wroker'. While it is not binding, it sets out a clear position which, given the involvement of Minos Perdios in...
X & Y v UK settled without hearing
X, Y & Z v the United Kingdom - 32666/10 [2011] ECHR 1199 The long and sorry story of X & Y v Hounslow appears to have reached an end. As you will recall, this was the case that resulted from the horrendous abuse of two highly vulnerable...
The Localism Bill: Rush, rush, rush …
It is certainly not a truism that legislation which is given the closest possible scrutiny is thereafter free from doubt - consider, for example, the Law of Property (Miscellaneous Provisions) Act 1989, which we always used to call the mysterious...
Possession and disability: The reach of ss 49A DDA & 149 EA
In Barnsley MBC v Norton [2011] EWCA Civ 834, the Court of Appeal considered the application of section 49A(1)(d), Disability Discrimination Act 1995, to the decision of Barnsley to seek and obtain a possession order against Mr Norton and his...
A round-up from the UT(LC)
The Upper Tribunal (Lands Chamber) has been rather busy recently, handing down four housing-law related decisions in the last fortnight or so. The first three are service charge disputes, whilst the fourth is a lease variation case. In Tunstill v...
Short of Money but Not Short of Rent
Christina Sharples v Places for People Homes Ltd, Stephen Godfrey v A2 Dominion Homes Ltd [2011] EWCA Civ 813 This is actually two appeals which deal with an important question about insolvency and bankruptcy and whether monies that form part of...
Service charge demands and prescribed information
By s.21B, Landlord and Tenant Act 1985, a demand for the payment of service charges must be accompanied by a summary of rights and obligations, setting out the various rights and options open to leaseholders. In England, that provision has been in...
Eligibility: Reg 6(2)(a)
News has reached us at NL Towers (or lock-up - see image at bottom of page) from a regular reader/correspondent, Simon Marciniak, of an interesting and potentially important s 204 homelessness appeal decision on the ambit of Regulation 6(2)(a),...
You don’t want to do it like that.
The Local Government Ombudsman receives over 300 complaints a year about Local Authorities' handling of homeless applications. The LGO is clearly concerned by what it sees in the matters referred to it as it has now produced a 'focus report' ,...
Back in the consulting room
R (Peat and others) v Hyndburn DC [2011] EWHC 1739 (Admin) is the first successful challenge to a selective licensing scheme. We've previously covered the permission hearings (here and here). It's quite a fun judgment to read, if only for the...
Forgive us our trespasses…
The Prime Minister's confirmation that the government will be bringing forward legislation for the criminalisation of trespass and the proposed removal of legal aid from trespassers in the Legal AId, Sentencing and Punishment of Offenders Bill...