The Blog

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 […]

Andy Gale, misuse and me. FAO housing options officers

[Update 20/03/17 – Locata have come back to me again and are changing the relevant wording in the toolkit. The issue is resolved.] I didn’t want to have to write this, but sadly I have to, to protect my and our own position here on NL. Because Andy Gale (known to many in homelessness services) and […]

Discretionary Housing Payments and long term awards

R (on the application of Halvai) v Hammersmith and Fulham LBC (2017) QBD (Admin) (Sara Cockerill QC) 09/03/2017 (Only on lawtel as an extempore judgment, as far as I can see) (Copy of the full judgment now here) This was a judicial review of H&F’s refusal of Discretionary Housing Payments to Ms H. Ms H […]