When does temporary accommodation become settled so as to break the chain of causation of intentional homelessness? The appeal in Huda v LB Redbridge [2016] EWCA Civ 709 concerned a homeless applicant and his family, who were effectively forgotten...
All the blog posts, most recent first
Short term lets and private residences
Nemcova v Fairfield Rents Ltd [2016] UKUT 303 (LC) We've seen a First Tier Tribunal case on breach of lease by use of the property for short term lets through Airbnb. Here the Upper Tribunal weighs in on the significance of lease covenants for...
Circumstances and consequences. Accommodation pending appeal.
Our thanks to Garden Court chambers and Justine Compton for their note of this case. Where a homeless application has requested a s.202 review of the local authority's decision on duty, the authority has a power, but not an obligation to provide...
A compendium of vulnerability cases
Following on from our post on Mohammed v Southwark LBC, here are notes on a further three appeals to the County Court under section 204 Housing Act 1996, all related to decisions on priority need (or lack of it) through vulnerability. Ward v LB...
Weekend Miscellaneous
Various bits and pieces on subletting and homelessness. (Edited 15 September 2016 This post originally went into detail about an article on Property 118 setting out a Rent to Rent arrangement where the rent to rent tenant would have an assured...
Perversity in Brent
Our thanks to Garden Court Chambers, Hackney Law Centre and Liz Davies for their note of this case. Cieicierska v Brent LBC. Central London County Court, 5 September 2016. Ms C, a single parent with 3 children, was owed the full housing duty by...
Please sir, can I have some more?
This is really a costs issue, though it was on a leasehold disrepair claim. A county court decision, so not binding, but as we'll see, consonant with a High Court decision and on an issue on which there appears to be some debate. This was an...
The agreements that weren’t
Publity AG v Chesterhill Properties Ltd [2016] EWHC 1994 (Ch) (Not on Bailii. Judgment on Lawtel) Every now and again there is a reminder of the problems of a contractual tenancy. In this case, the difficulties involved a deposit of £52,000 and a...
What do points mean? (No prizes)
Woolfe, R (On the Application Of) v London Borough of Islington [2016] EWHC 1907 (Admin) Another allocation judicial review, related, but perhaps distinct from the line of 'reasonable preference' cases we have previously seen. The issue, in part,...
The wheels of justice turn slowly, but grind small
Or how to end up with a personal liability for £100,000 within 5 years of qualification as a solicitor. The Charles Henry/Legal Action fallout continues, and very painfully for some involved. For those who have missed the saga of Charles Henry, the...
Vulnerability after Hotak/Johnson/Kanu
I strongly suspect that at some point in the next year we will get at least one Court of Appeal case on the meaning of 'vulnerability' in homeless priority decisions after the Supreme Court decision in Hotak v Southwark LBC [2015] UKSC 30 (our...
Landlords behaving badly
While the Magistrates Courts continue to hand out paltry fines to landlords on conviction for illegal eviction, despite the removal of the upper £5000 limit, it is good to see that the civil courts are capable of taking a more reasonable approach...