TW, SW, and EM, R (On the Application Of) v London Borough Of Hillingdon (2018) EWHC 1791 This was a judicial review of Hillingdon's allocation scheme and in particular, the thresholds for eligibility for inclusion on the housing list set by...
All the blog posts, most recent first
Facing up to it
Kamara v London Borough Of Southwark (2018) EWCA Civ 1616 In Makisi & Ors v Birmingham City Council (2011) EWCA Civ 355 (our report), the Court of Appeal decided that the right to make 'oral submissions' in response to a ‘minded to’ letter...
A question of authority – settled accommodation
Well now. I'm not sure what to make of this. The Supreme Court has refused permission to appeal in Doka v London Borough of Southwark. But... Doka v Southwark concerned what could amount to 'settled accommodation' for homelessness matters, and...
Late and late again – intentional homelessness and benefit claims
Oduneye v Brent London Borough Council (2018) EWCA Civ 1595 (not on Bailii yet - judgment on Lexis) This was a second appeal from a s.204 appeal on Brent's decision that Ms O was intentionally homeless. Ms O was in person. She had sought an...
How to Rent Guide – a bit of a snafu
There is a new version of the MHCLG 'How to Rent Guide' out (apparently updated on 6 July 2018). Though according to MHCLG it dates from 26 June 2018. This is because there was a bit of a mess up with the previous version. (Update. During the...
Gordian Knot(weed)
Network Rail Infrastructure Ltd v Williams & Anor (2018) EWCA Civ 1514 Japanese knotweed nuisance cases - there are already many of these and (given the nature of the pestilential stuff) there will be more. In case you don't know, Japanese...
As the years roll by….
MHCLG have issued their consultation on 'Overcoming the barriers to longer tenancies in the private rented sector'. The closing date is 26 August 2018. You may have seen this trailed as bringing in three year term assured shorthold tenancies. It...
Homelessness and capacity
In WB v W DC (2018) EWCA Civ 928, the Court of Appeal revisited the question of whether a person without capacity to make choices about their accommodation can make an application for homelessness assistance. The House of Lords in R v Tower...
Whose jurisdiction is it anyway?
Avon Ground Rents Ltd v Child [2018] UKUT 204 (LC) As many readers will of this blog will be aware we have a number of different courts and tribunals involved in residential property. In some cases, notably leasehold service charges, there is...
‘How to rent’ updated (and other non statutory guides)
A new 'How to Rent' Booklet was released today (26 June 2018) by MHCLG. This version must be provided to the tenant by the landlord (not just a link) for all new assured shorthold tenancies and replacement ASTs (including statutory periodic...
Fitness for Human Habitation – developments
What was the Homes (Fitness for Human Habitation and Liability for Building Standards) Bill went through Committee stage in the House of Commons today, 20 June. I'm delighted to say that it went smoothly, with the only amendments proposed and...
Reasonable adjustments and physical alterations. When a landlord isn’t.
There is an interesting note here on a county court case claiming discrimination under Equality Act 2010 for failure to make physical adjustments to a property. As is generally known, a 'controller of let premises' (section 36) does not have to...