AK, R (On the Application Of) v Westminster City Council (2024) EWHC 769 (Admin) This was a judicial review of Westminster's Allocation policy as it applied to 'reciprocal transfers' between another borough and Westminster. As background: The...
All the blog posts, most recent first
Section 23 Care Act and a need for accommodation
Campbell, R (On the Application Of) v London Borough of Ealing (2024) EWCA Civ 540 This was an appeal from a judicial review of Ealing's decision in May 2022 to end funding for Mr Campbell's temporary bed and breakfast accommodation that had been...
Don’t dilly-dally on appeals, and mortgage lender paying service charges.
Santander PLC v Harris (2024) EWHC 351 (KB) A quick note on a sad case. This was an application by Mr Harris for an extension of time to appeal a mortgage possession order of his flat made in favour of Santander, his lender, with a money judgment...
Decisions, decisions (and not automatic ones) – Ending the main housing duty
Bano, R (On the Application Of) v London Borough of Waltham Forest (2024) EWHC 654 (Admin) Waltham Forest owed Ms Bano the full housing duty. In June 2020, WF made an offer of a private sector tenancy in Derby. Ms Bano refused the offer as...
Not at home alone, but intending to return
Weintraub v London Borough of Hackney (2024) EWHC 845 (Ch) An appeal of the dismissal of a claim for a declaration that Rabbi Weintraub had the right to buy, which was dismissed on the basis that he was not occupying the property as his only or...
Council managing its premises is not providing a service for Equality Act 2010 purposes.
FG, R (On the Application Of) v Royal Borough of Kensington and Chelsea (2024) EWHC 780 (Admin) This was a judicial review of RBKC, asserting discrimination under the Equality Act 2010 in RBKC's failure to make physical adaptations to a flat...
The Lowe down.
Lowe v Governors of Sutton's Hospital In Charterhouse (2024) EWHC 646 (Ch) A High Court appeal of a first instance county court judgment by HHJ Luba KC, which we noted here. The claim was for deposit penalties for failure to provide the prescribed...
Suitability, disability discrimination and dogs – temporary accommodation
AB & Anor, R (On the Application Of) v Westminster City Council (2024) EWHC 266 (Admin) This was a judicial review of both the suitability of accommodation provided to a homeless couple, and also of Westminster's policy of sourcing temporary...
Leasehold Upper Tribunal roundup
Some quick notes on various recent (ish) Upper Tribunal decisions Crisplane Ltd v Plymouth Community Homes Ltd (LANDLORD AND TENANT - SERVICE CHARGES - liability of lessee under right to buy leases to contribute to cost of repairing roof - s.139...
Wrong in principle
Morgan v Business Mortgage Finance 5 Plc (2024) EWHC 309 (KB) Another one for the 'don't do this' pile. This was a High Court hearing of an ex parte application for an 'emergency injunction' to stay an eviction (amongst other things). Mr Morgan was...
ASB and disqualification from the housing register
Willott, R (On the Application Of) v Eastbourne Borough Council (2024) EWHC 113 (Admin) A judicial review of Eastbourne's allocation policy and of Eastbourne's decision to exclude Ms Willott from joining the housing register on grounds of 'serious...
A lack of candour over a lack of discretion
Montano, R (On the Application Of) v London Borough of Lambeth (2024) EWHC 249 (Admin) A short note on this judicial review. Ms M had requested that Lambeth exercise a discretion to back date her entry on the housing register (for greater priority)...