The Blog

More on “vulnerability”

In Guiste v Lambeth LBC (2019) EWCA Civ 1758, the Court of Appeal returned again to the meaning of Lord Neuberger’s eliptical phrase in Hotak v Southwark LBC that, for the purposes of the homelessness provisions in the Housing Act 1996, vulnerability meant being significantly more vulnerable than ordinarily vulnerable as a result of being made […]

For this relief, much thanks

The Manchester Ship Canal Company Ltd v Vauxhall Motors Ltd (2019) UKSC 46 Just a quick note to record that the Supreme Court has held that the equitable remedy of relief from forfeiture is not restricted to those with a proprietary interest (lease/tenancy, mortgage etc) but can also extend to licensees with possessory rights (ie […]

Bedroom tax, sanctuary schemes and human rights redux

Case of J. D. and A. v United Kingdom 32949/17 34614/17 The Supreme Court (Lady Hale and Lord Carnwath dissenting) found justified discrimination in imposing the bedroom tax on a woman who, as a result of domestic violence, had had her home treated under the Sanctuary Scheme to include the modification of the attic to […]

Permission to appeal out of time – the strict approach

Emambee v London Borough of Islington (2019) EWHC 2835 (QB) We saw what seemed like a rather harsh refusal on permission to bring a s.204 Housing Act 1996 homelessness appeal out of time in London Borough of Hamlets v Al Ahmed (2019) EWHC 749 (QB) (our note). Here is another one which seems to take a […]

Job Ad and Job sought

Shelter Expert housing law trainers required Shelter is recruiting freelance trainers to deliver our nationwide programme of courses. We would like to hear from solicitors, barristers and experienced housing practitioners who can train advanced housing law and homelessness topics. We are particularly short of experienced trainers based in the Midlands, East Anglia, the North West […]

Accommodation pending review – getting it wrong at s.189B stage

R (on the application of Laryea) v London Borough of Ealing (2019) QBD (Admin) 29/08/2019 (Not on Bailli, note of extempore judgment on Lawtel) Mr L was homeless and suffered from epilepsy and PTSD. He had applied to Ealing as homeless. He was placed in temporary accommodation and Ealing accepted he was in priority need, […]

Civil penalties, and appeals of appeals

AA Homes & Housing Ltd & Anor v London Borough Of Croydon (Order) [2019] UKUT B1 (LC) A bit of a curiosity, this. It is an Upper Tribunal decision on an application to for permission to adduce additional grounds of appeal to an appeal of an FTT decision on an appeal of the imposition of […]

Job Ad – Manchester

Manchester and Salford Legal Services Division Position Title: Senior Solicitor Salary: Grade 9 £38,813 to £42,683 (Bar at £41,675) per annum Contract Type: Full Time Permanent Hours: 35 per week Work Location: Town Hall Extension, Off Mount Street, City Centre, Manchester, M2 5DB Qualification(s) Required: Yes, Qualified Solicitor or Barrister or FILEX with Civil Proceedings Certificate Closing […]

Rent payments, unless orders and relief from sanction

This is not really a housing case, being a commercial lease dispute, but there are a couple of points about relief from sanction and rent payments that are worthy of noting. Michael v Lillitos (2019) EWHC 2716 (QB) An appeal from a County Court decision on an application from relief from sanction. Ms L was […]

Dishonourable discharge

SH, R (on the application of) v The London Borough of Waltham Forest (2019) EWHC 2618 (Admin) This was a judicial review of Waltham Forest’s decision that it had discharged its s.193 Housing Act 1996 duty (the full homeless duty) to Ms SH by an offer of private sector accommodation under s.193(7AA). In fact, WF maintained […]