Rowe v London Borough of Haringey (2022) EWCA Civ 1370 A Court of Appeal decision which has broader significance for considering overcrowding and whether it is reasonable for a homeless applicant to remain in accommodation in an HMO with shared...
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Requirements for private sector offers in discharge of duty
Norton v London Borough of Haringey (2022) EWCA Civ 1340 A second appeal from a section 204 appeal of Haringey's decision to discharge homeless duty following a private rented sector offer (PRSO). There were three issues in the appeal. Haringey's...
No cause of action at common law for wrongful eviction.
Brake & Ors v The Chedington Court Estate Ltd (2022) EWCA Civ 1302 The Brake v Axnoller litigation reaches the Court of Appeal again, this time on the unlawful eviction claim concerning the cottage, which the Brakes had lost at first instance....
Job ads – Birmingham, Kilburn, West Yorkshire
Shelter Paralegal £25,159 pa + excellent benefits including 30 days holiday and flexible working Birmingham Closing date: 19th October 2022 at 11.30pm. We're looking for a results-driven, commercially aware individual with a good understanding of...
Understanding the risk of discharge of duty
Our grateful thanks to Angharad Monk of Garden Court (and instructing solicitor Anne Spowart of Morrison Spowart) for this note of judgment in a section 204 Housing Act 1996 appeal of Waltham Forest's decision to discharge duty. Mekonen v LB...
Property Guardians and HMOs – on we go.
Global Guardians Management Ltd & Ors v London Borough of Hounslow & Ors (HOUSING - HOUSE IN MULTIPLE OCCUPATION - CIVIL PENALTY - Housing Act 2004 - whether First or Second Appellant a 'lessee' of the HMO - whether a person having control...
Rent Repayment Orders in the Upper Tribunal again.
A couple of appeals on rent repayment orders. The first confirming the UT's approach to assessing what proportion of rent an RRO should be made for. The second on whether someone could be said to be in control or managing an unlicensed HMO where it...
Residential care, succession and human rights incompatibility
Dudley Metropolitan Borough Council v Mailley (2022) EWHC 2328 (QB) A quick note on this possession claim, which involves a challenge to Section 87 Housing Act 1985 as incompatible with Article 8 and 14 ECHR. Ms Mailley was defending possession of...
Mere delicacy or fastidiousness?
Ray v Windrush Riverside Properties Ltd (2022) EWHC 2210 (TCC) An interesting trial judgment on a private nuisance claim that highlights the importance of the nature of the location and has a discussion of damages for non-resident claimants. Ms Ray...
Job ads – Blackburn, England, London
Shelter Paralegal £25,159 pa (pro rata, 30 hours a week) + excellent benefits including flexible working Fixed term contract until April 2023 Blackburn, Central Library, Lancashire Closing date: 26th September 2022 at 11.30pm. We're looking for a...
Notes and events: rent and evictions freezes, illegal eviction – the police and Art 8, & DA and benefit caps
A few things of interest... The Scottish government has put the cat amongst the pigeons by announcing that there will be a ban on evictions and a freezing of rent increases until 31 March 2023, to be implemented by fast track legislation. This...
Job ads – Kennington, Camden
GT Stewart Solicitor – Housing Team We are a renowned multiservice law firm committed to access justice. Our lawyers specialise in criminal defence, family law, housing, civil liberties and human rights. We are a Legal 500, and Chambers UK...