The Blog

Service not included.

The Queen on the application of Mr Peter Gaskin v LB Richmond Upon Thames (2018) EWHC 1996 (Admin) We didn’t report round 1 of this, probably because it was so completely inconclusive, but here is round 2 and a decision that will very significant for every Local Authority landlord/letting licensing scheme. The issue was the upfront […]

Equality Act and ‘reasonable to remain’

Lomax v Gosport Borough Council (2018) EWCA Civ 1846 This was a second appeal on a homeless application by Ms L to Gosport. Ms L “suffers from a number of both physical and mental problems. She is wheelchair bound and is confined to bed for large portions of the day. She requires 24-hour care, including intimate […]

Equality Act and Evictions

Paragon Asra Housing Limited v James Neville [2018] EWCA Civ 1712 An appeal on the issue of whether disability discrimination should be considered afresh on an application for stay of warrant following breach of a suspended possession order. Mr N was Paragon’s assured tenant. Following possession proceedings on grounds of nuisance and harassment, defended on […]

Allocations and Equality Act

R(Gullu) v LB Hillingdon [2018] EWHC 1937 (Admin) Well now. This was another challenge to LB Hillingdon’s policy of requiring 10 years residence in borough for admission to the housing register. It follows after TW, SW, and EM, R (On the Application Of) v London Borough Of Hillingdon (2018) EWHC 1791 (our note here) which found […]

Jobs Ads – East London, Bristol, North London.

Edwards Duthie is a large, well respected firm with a number of offices in East London and Essex.  Named in the Legal 500, we have a diverse range of both privately and publicly funded work Our Community Law Team has expertise in all areas of social welfare law, including housing & debt, community care and […]

Hide and seek – unlawful eviction

Ryan Insalaco v i) One Room UK ii) Paulo de Souza iii) Alisson Teixeira. County Court at Willesden, 6 July 2018 An unlawful eviction claim, notable for the casualness of the eviction and the efforts the defendants then went to to pretend the claim wasn’t happening. Mr Insalaco had a tenancy of a room in […]

When help with wood pellet fuel means no right to buy

Milton Keynes Council v Bailey (HOUSING – Right to Buy) [2018] UKUT 207 (LC) A bit of an oddity, this one, but there is perhaps a broader principle. Paragraph 11 of Schedule 5 to Housing Act 1985 provides that a property is exempt from the Right to Buy where: 11.— (1) The right to buy […]

Job ad – Manchester

Whiteheads Solicitors Housing Solicitor/Legal Executive Whiteheads Solicitors are seeking to engage a solicitor or legal executive with experience of housing litigation and advocacy.  We are one of the leading housing law firms in the North, striving to provide excellent advice and representation to social housing providers.  The job role will be varied covering housing management […]

Possession as a proportionate response

An appeal of a possession order, on grounds of disability discrimination and public law. Eales v Havering LBC (2018) QBD 13/07/2018 (extempore judgment, note on Lawtel) Ms E had a non-secure contractual tenancy from Havering. Havering had sought possession and an injunction banning Ms E from the property after what Ms E admitted were racially […]

Until death us do terminate

We reported a county court appeal on the issue of termination of tenancy of a deceased tenant by service of notice on the Public Trustee in Pavey v LB Hackney here. The problem being when the notice to quit was not served on the Estate (at the property) and the Public Trustee at the same time, […]