The Blog

Community contribution, priority stars and discrimination

XC, R (on the application of) v London Borough of Southwark [2017] EWHC 736 (Admin) This was a judicial review of Southwark’s allocation policy as it applied to transfers. Specifically, the issue was whether Southwark’s policy, in awarding ‘priority stars’ for ‘community contribution’ discriminated against women and the disabled. There is a substantial backstory to XC’s […]

… don’t live here anymore

Dove v London Borough of Havering [2017] EWCA Civ 156 This was an appeal of a possession order made against the joint (formerly secure) tenants on the ground of non-occupation as primary or only home, and also serious rent arrears. Both the Ms Dove (twin sisters), appealed. Following an inspection in September 2010, Havering decided that […]

Short term lets, long term consequences

A couple of county court cases on Airbnb/short let use by leaseholders. One was reported in the newspapers, the other has not been reported anywhere before. Both show the potentially serious consequences of leaseholders letting out on short lets, where lease clauses arguably prevent it. We have seen the clause ‘use only as a private […]

Not enough of a notice?

London Borough of Islington v Dyer [2017] EWCA Civ 150 Termination of an introductory tenancy requires a notice under s.128 Housing Act 1996. S.128(7) states The notice shall also inform the tenant that if he needs help or advice about the notice, and what to do about it, he should take it immediately to a Citizens’ […]

Succession, partners and bright line rules

Turley v London Borough of Wandsworth & Anor [2017] EWCA Civ 189 Did the pre Localism Act 2011 succession rules for a secure tenancy amount to a breach of article 8 and 14 (private life and non-discrimination), and if so, should a declaration of incompatibility be made if the Housing Act 1985 could not be read […]

Just too much effort… Barnet and homeless applications

The Local Government Ombudsman has issued a quite withering decision on a complaint about Barnet Council’s failure to make a formal decision on repeated homeless applications by a homeless woman. The woman became homeless in January 2015 after eviction by a private landlord and approached Barnet. Barnet provided her with a place in a hostel for […]

RTB and Airbnb in Southwark

Yes, the backlog of case reports is growing, but I’ve only time for a quick note on an interesting development in Southwark. According to this report, Southwark council have decided that their Right To Buy leases contain covenants that would prevent short term letting of the whole property, and are to write to their leaseholders […]

Floating rights

Jones v Canal & River Trust [2017] EWCA Civ 135 This was an appeal against an order that Canal and River Trust could remove Mr Jones boat from a canal near Bradford on Avon, under its powers under s.8 of the British Waterways Act 1983 and s.13 of the British Waterways Act 1971. Mr J had advanced […]

Job Ads – W London & Watford

Ealing Law Centre Housing Solicitor Salary: According to experience Working hours: 35 per week Benefits include:  22 days annual leave, flexible working and significant opportunities for learning and development. Ealing Law Centre seeks a motivated and dynamic housing lawyer. We are looking for someone who is keen to develop their housing caseload within a law […]

BPP, fee charging McKenzie friends, and errors of judgment

I have a lot to finish writing up by way of case law – a post underway on narrowboats, the Canal & River Authority and Article 8, and two new court of appeal cases popped up today on Introductory tenancy notices and not occupying as principle residence, to add to the list. But, those take […]