R(Al-Ali) v Brent LBC (2018) EWHC 3634 (Admin) (not on Bailii. We have seen a judgment and it is also reported in March 2019 Legal Action Housing: recent developments). There is, I think little of legal significance in this judicial review...
All the blog posts, most recent first
Homelessness – capacity to apply
R(Uddin) v Southwark LBC (2019) EQHC 180 (Admin) (Not on Bailii. We've seen a copy of the judgment. Also reported in the March 2019 Legal Action Housing: recent developments). Mr U is a single man. In May 2018, he was assaulted and suffered a...
Ending duties after the HRA
R (OAO Harris) v London Borough of Islington. High Court (Admin) CO/1282/2019 (unreported, settled March 2019.). This is a settled judicial review, I've seen the grounds, interim order and final consent order. It raises a number of issues about the...
Landlord’s access and actually turning up
New Crane Wharf Freehold Ltd v Dovener (LANDLORD AND TENANT – clause in lease required tenant to permit the landlord to enter) (2019) UKUT 98 (LC) What counts as 'refusing access', where a landlord has a contractual right to access on notice? This...
I Hate Those MEESes to Pieces*
Introduction 1st April 2019 saw the introduction of the significantly amended Minimum Energy Efficiency Standards (MEES) for private sector landlords. These provisions have been delayed several times and fudged around a fair bit along the way....
Ain’t no going back – revisiting previous homeless decisions
Godson v London Borough of Enfield (2019) EWCA Civ 486 This is a rather odd second appeal, brought by Mr Godson in person. The brief facts were that Mr G was in temporary accommodation after Enfield accepted that it owed him the full housing duty...
Out of time homelessness appeals – trying to find representation not good enough reason
London Borough of Hamlets v Al Ahmed (2019) EWHC 749 (QB) Mr Ahmed had applied to Tower Hamlets (oddly named as 'Hamlets' in the reported judgment) as homeless. A decision that he was not in priority need underwent a s.202 review, which upheld...
Property Guardians and HMOs – guilty
For some reason that, quite frankly, escapes me, assorted 'powers that be' have been non-committal on whether the Housing Act 2004 provisions on HMOs, licensing etc., and also the Part 1 enforcement of conditions and HHSRS, apply to properties...
Second possession orders and estoppel
Salix Homes v Mantato (2019) EWCA Civ 445 A court of appeal decision on a first instance application, where the main issue was whether, given an historic possession order, the landlord could bring fresh possession proceedings. Mr Mantato was Salix...
The worst Part VII homeless decision ever?
There are bad homeless decisions by local authorities. We've all seen them. Findings of intentional homelessness for being evicted for complaining about a broken shower, or being evicted for getting pregnant in an HMO that didn't allow children....
Game of forfeits
Golding v Martin (2019) EWCA Civ 446 It seems to be a bit of a thing, buying a leasehold flat, then leaving it unoccupied, moving abroad and forgetting about rent and service charges. Semi-fortunately for the leaseholder in this second appeal, the...
Of new tenancy terms and unfortunate neologisms
It has been almost four years since Karen Buck MP, Justin Bates and I first conceived of the Homes (Fitness for Human Habitation) Bill (version 1), and it has been quite the rollercoaster since then. Now, as of today, 20 March 2019, the Homes...