This has been quite a week for issues about Local Authorities gatekeeping homeless applications coming to the fore. This post addresses practices and policies of three councils. Eastbourne BC, LB Haringey and Bournemouth BC. Eastbourne BC...
All the blog posts, most recent first
Validity of section 21 notices – a flow chart
IMPORTANT - NOT YET UPDATED FOR 1 OCTOBER 2018 CHANGES. [Update 3 pm 03/06/2016 - improved flow chart with added HMO licensing section now at link below. Update 05/12/2016 - tidier version will small error correction. Update 07/03/2017 - correcting...
And the first shall be last
An accidental chain of tenancies, in which only the very first was left standing. London Borough of Haringey v 1) Hansa Ahmed & 2) Shaheeda Ahmed [2016] EWHC 1257 (Ch) (Not on Bailii yet, we've seen the judgment). Three tenancy agreements for...
Protect My Money
The Housing and Planning Act 2016 is finally here although it will probably not be in force until early 2017. One of the late amendments to the Act finally introduced compulsory client money protection for agency work. This is something that...
Money down the drain
Court v Van Dijk & Anor [2016] EWCA Civ 483 Nuisance cases are tricky. There is a lot to establish for causation, for liability and for loss. This case is perhaps a cautionary tale about the need to be constantly alert to changes in the facts...
Downloads and conflicts
A couple of notes from the weekend. I've updated the downloadable PDF files for homelessness and possession posts to include 2014 to now. I've also added all disrepair posts from 2006 to now as a new file (it is a hefty 214 page PDF, but fully...
How the other half live
Eclipse Film Partners v HMRC [2016] UKSC 24 has almost nothing to do with housing law. It was an appeal from the First Tier Tribunal (Tax Chamber), via the UT (TCC) and the CA. It wasn't even about the substantive issues in the case, rather, it was...
PCOL and Introductory Tenancies
An interesting county court appeal of a possession order - can PCOL be used for a possession claim for an Introductory Tenancy? Crosby v Birmingham City Council, Birmingham Civil Justice Centre, 8 March 2016 Ms C was an Introductory tenant of...
Curiosities and wonders
When the First Respondent in a possession case is styled "The Sovereign Indigenous Peoples of Scotland" and the second, named, Respondent describes himself as "A Member of the Government of Scotland", you suspect that you know in advance how things...
Homelessness eligibility – revisions underway
The following note appeared on the Doughty Street Chambers site. Anyone with clients (or applicants) in a similar position - in particular leave to remain granted under Appendix FM of the immigration Rules - should take note. The DCLG has indicated...
Questions and Answers
O, R (on the application of) v London Borough of Lambeth [2016] EWHC 937 (Admin) A judicial review of a decision on a s.17 Children Act 1989 assessment of a homeless, non-eligible family. The issues were the extent of investigations required, and...
Tis aw a muddle – costs edition
Morales v Enver (2016) QBD (Irwin J) 28/04/2016 (Not on Bailli - note of judgment on Lawtel) Another case to file under 'things not to do'. Mr M had brought injunction for re-entry proceedings against a landlord and agents. Mr M was the...