Dacorum Borough Council v Bucknall (aka Acheampong) [2017] EWHC 2094 (QB) When is temporary accommodation provided under the Housing Act 1996 Section 193(2) duty occupied 'as a dwelling' fo the purposes of Section 3 Protection from Eviction Act...
All the blog posts, most recent first
Illegal subletting – an ‘elaborate farrago of lies’
Poplar Housing & Regeneration Community Association Ltd v Begum & Ors [2017] EWHC 2040 (QB) We are no fans of illegal subletting of social housing here at NL. So here is an appeal by the landlord of a county court decision to grant a...
Subletting and defamation – a novel approach
There is a queue of significant and serious cases waiting to be written up. For time and personal reasons, this may not happen for a while. Instead, here is an insignificant case of no wider importance, but possibly some entertainment value. Howell...
Cant Pay
It is rare, if we are entirely honest, for a First Tier Tribunal decision on service charges to be exciting. It is even rarer for there to be mystery and police raids, and "Immunity from Treason" notices, and debts of "Trillions of pounds", and...
Not looked into enough to be unaware
Trindade v London Borough of Hackney (2017) EWCA Civ 942 A second appeal of a homeless decision that Ms T was intentionally homeless, on the issues of whether Ms T's actions were "an act or omission in good faith on the part of a person who was...
On the naughty step – Physician heal thyself edition
If Nearly Legal has a mantra, it is this: "Everyone should have a housing lawyer with them at all times". Or, at the bare minimum, a landlord and tenant lawyer. We had taken the reasonableness of this to be self-evident. However, it seems even this...
Education and out of borough homeless accommodation
This is going to be a very short post on a very long judgment - 275 paragraphs worth. The main case was on the right to education under article 2 of the First Protocol to the European Convention on Human Rights, in relation to a local authority's...
Warrant on Suspended order – What do you think?
Following the judgment in Cardiff City Council v Lee (2016) EWCA Civ 1034 (our report) and the subsequent appearance of new forms, at least for rent arrears suspended possession order cases, the Civil Procedure Rules Committee is having a...
Legal Aid: Rights, wrongs and the Lord Chancellor
I wrote at some length about legal aid, tenants rights and Grenfell Tower here (the third of the 'myths'). Sara Stephens (my esteemed colleague - full disclosure) also explained the situation in a Legal Voice article here. But still it rumbles on,...
“Real misery is being caused to no good purpose”
DA & Ors, R (On the Application Of) v Secretary of State for Work and Pensions (2017) EWHC 1446 (Admin) This was the judicial review of the 'reduced' benefit cap - £20,000 pa outside London, £23,000 in London, brought by claimants who were all...
Bedrooms, river beds and more
A few things... In case you didn't see it through email or social media, I wrote a long piece about social housing in the aftermath of Grenfell Tower, which is on a separate page at that link. In Scotland, the Inner House of the Court of Session...
Making it up as you go.
C, R (on the application of) v The London Borough of Islington (2017) EWHC 1288 (Admin) C was accepted for the full housing duty by Islington, with her 3 children, as a result of domestic violence. C is profoundly deaf. She had been living in...