The future for me is already a thing of the past

Avon Ground Rents Ltd v (1) Cowley & Others, (2) Metropolitan Housing Trust, (3) Advance, (4) May Hempstead Partnership [2019] EWCA Civ 1827 (no transcript yet on BAILII, we’ve seen a copy on Lawtel) This is an important Court of Appeal decision concerning Landlord and Tenant Act 1985, s.19(2) and the reasonable sum payable in advance […]

Assorted – Licensing and prior offences, RROs and section 8 Notices

A triplet of brief notes. Hussain & Ors v London Borough of Waltham Forest (HOUSING – licensing) (2019) UKUT 339 (LC) This appeal was on the issue of whether a local authority and the First Tier Tribunal could take into account previous convictions that were spent under the terms of the Rehabilitation of Offenders Act […]

Upper Tribunal roundup (The Very Late Summer 2019 edition)

There have been a fair few recent (and perhaps no-so-recent) decisions from the Upper Tribunal (Lands Chamber) on leasehold matters, so it’s time for a bit of a round up. Actually, it was time for a bit of a round up back in August when I started this post and I can only apologise that […]

Discrimination in ‘one succession’ for secure tenancies

Simawi v London Borough of Haringey (2019) EWCA Civ 1770 We saw this case in the High Court – our report here – now this is the court of appeal judgment on Mr S’ appeal, seeking a finding that there was discriminatory treatment in the Housing Act 1985 succession rules between a person who became a […]

EPA prosecution and costs

Notting Hill Genesis, R (On the Application Of) v Camberwell Green Magistrates’ Court (2019) EWHC 1423 (Admin) I missed this at the time – May this year – I think because I was on hiatus. It is something of an oddity. It may well also be primarily of historical interest in any event, for reasons […]

More on “vulnerability”

In Guiste v Lambeth LBC (2019) EWCA Civ 1758, the Court of Appeal returned again to the meaning of Lord Neuberger’s eliptical phrase in Hotak v Southwark LBC that, for the purposes of the homelessness provisions in the Housing Act 1996, vulnerability meant being significantly more vulnerable than ordinarily vulnerable as a result of being made […]

For this relief, much thanks

The Manchester Ship Canal Company Ltd v Vauxhall Motors Ltd (2019) UKSC 46 Just a quick note to record that the Supreme Court has held that the equitable remedy of relief from forfeiture is not restricted to those with a proprietary interest (lease/tenancy, mortgage etc) but can also extend to licensees with possessory rights (ie […]

Bedroom tax, sanctuary schemes and human rights redux

Case of J. D. and A. v United Kingdom 32949/17 34614/17 The Supreme Court (Lady Hale and Lord Carnwath dissenting) found justified discrimination in imposing the bedroom tax on a woman who, as a result of domestic violence, had had her home treated under the Sanctuary Scheme to include the modification of the attic to […]

Permission to appeal out of time – the strict approach

Emambee v London Borough of Islington (2019) EWHC 2835 (QB) We saw what seemed like a rather harsh refusal on permission to bring a s.204 Housing Act 1996 homelessness appeal out of time in London Borough of Hamlets v Al Ahmed (2019) EWHC 749 (QB) (our note). Here is another one which seems to take a […]

Accommodation pending review – getting it wrong at s.189B stage

R (on the application of Laryea) v London Borough of Ealing (2019) QBD (Admin) 29/08/2019 (Not on Bailli, note of extempore judgment on Lawtel) Mr L was homeless and suffered from epilepsy and PTSD. He had applied to Ealing as homeless. He was placed in temporary accommodation and Ealing accepted he was in priority need, […]