The Blog

Job ad – Bournemouth

Shelter Solicitor £32,119-£34,639 pa, plus excellent benefits Bournemouth Closing date: 11 May 2017 (at 11.30pm) We’re looking for an accomplished housing Solicitor to deliver a specialist legal casework service in housing law, to represent homeless people or people in housing need. If you want to experience housing litigation at the cutting edge including stopping evictions, […]

The Tribunal unleashed

Secretary of State for Work and Pensions v Carmichael and Sefton BC (HB) [2017] UKUT 0174 (AAC) Oh my. This was the DWP’s appeal to the Upper Tribunal of the First Tier Tribunal’s decision on the Carmichael’s bedroom tax appeal (our report here). It was initially surprising that the DWP sought to pursue this appeal, […]

The Tribunal’s enforcer

In Octagon Overseas Ltd and Canary Riverside Management Ltd v Coates [2017] EWHC 877 (Ch), the First-tier Tribunal appointed Mr Coates as the manager of Canary Riverside (a development comprising, amongst other things, four blocks of residential apartments of which Octagon were the freehold owners) under s.24, Landlord and Tenant Act 1987. As part of […]

Aesthetics, unlawful kitchens and warehousing bus drivers

A triplet of brief notes. Zipporah Lisle-Mainwaring won a judicial review of the Magistrates and Crown Court decisions upholding RB Kensington & Chelsea’s Notice under s.215 Town and County Planning Act 1990, ordering her to paint her Kensington property white, to cover the stripes that may or may not have been painted on the exterior […]

Northern Waters

Rochdale Boroughwide Housing Ltd v Izevbigie (2017) EWHC 790 (CH) (not on Bailii yet, Judgment is here) Rochdale BH is a social housing provider (of what was the council’s housing stock). The issue in this case – heard as a preliminary issue – was whether Rochdale BH was a water reseller under the terms of The […]

Job Ad – Harrow

Harrow Law Centre          Solicitor/Case worker – Housing/Community Care                                               35 hours per week (P/T considered) Salary £35,500 per annum Location: London Borough of Harrow Deadline for applications: Noon Thursday 4th May 2017 Harrow Law Centre provides specialist legal advice & representation to combat disadvantage, discrimination and exclusion. We also work to influence local and national […]

Equalities on the 14th floor

Chatokai v Salford City Council. Manchester Civil Justice Centre, 11 April 2017 (Not reported elsewhere) This was a s.204 Housing Act 1996 appeal of Salford’s review decision that Mr C was not homeless. The central issue was whether Salford’s review officer had adequately addressed her public sector equality duty under s.149 Equality Act 2010. Brief […]

Water and youth

Not, I hasten to make clear, a Daily Mail style piece on the health giving properties of drinking expensive water, but a couple of quick notes. First, a Southwark rent arrears possession case, demonstrating that the effects of Jones v London Borough of Southwark [2016] EWHC 457 (Ch) (our report) rumble on in Southwark, despite the […]

‘Duty of care’ – Not in housing allocation

Darby v Richmond on Thames London Borough Council [2017] EWCA Civ 252 Many of you, I suspect, will be like me – you hear from clients, prospective clients, tenants etc., on a very frequent basis that in making a housing decision, or indeed in not making it, the council or housing association has ‘breached its duty […]

Somebody else’s money

Sheffield City Council v Oliver [2017] EWCA Civ 225 We saw this case in the Upper Tribunal, here, and I’ll borrow the brief facts. Ms Oliver was the long leaseholder in a block of flats on the Lansdowne Estate, which was owned by the Council. The Council carried out city wide major works, which included […]