Housing and Human Rights Round-up Part II

Three more housing-related cases have been decided recently by the ECHR: Bjedov v Croatia (29/5/12) Mrs Bjedov was granted a joint tenancy of a ‘specially protected’ flat in Zadar, Croatia in 1975 and she became the sole tenant after the death of her husband in 1994. Since 1991, Mrs B had been living with her […]

Auto-bids and Lettings Choice

The Administrative Court has recently given judgement in the conjoined applications of Rouse Tout a Tout  and Heff v LB Haringey, which concern the lawfulness of the auto-bid system operated by LB Haringey in the allocation of their permanent accommodation. Both Claimants were accepted as homeless several years ago and were waiting in temporary accommodation for […]

“Tenting on the Old Camp Ground”

Babenko v Ukraine Appn No 68726/10 of 4/1/12 is an ECHR Chamber decision which looks at the relationship between an applicant’s right to social housing from the state and Art 1 of the ECHR First Protocol. The Applicant was a WWII veteran who registered in 2004 for social housing with the local housing executive. By 2007 […]

Local pitches for local people

R (McDonagh) v Hackney LBC , Administrative Court, February 15, 2012 [not on bailii – taken from a Lawtel note] concerned a claim for judicial review brought by a traveller against Hackney’s policy regarding the allocation of its caravan pitches for travellers. In June 2011, there were only 27 residential caravan pitches within Hackney and […]

Allocations Code Consultation

In our shiny bright new year, DCLG is consulting on a new version of the Allocations Code of Guidance following the enactment of the Localism Act 2011, which has made several seemingly minor substantive alterations to Part 6, Housing Act 1996 (although those alterations are hugely significant practically).  The closing date for the consultation is […]

Transfers and allocations: Pt 2 (a footnote)

We reported on the interesting High Court decision in Babakandi v Westminster CC [2011] EWHC 1756 (Admin) (a post-Ahmad  challenge to Westminster’s housing allocation scheme) and made a few observations of our own on the judgment, most notably regarding the transparency of allocations schemes.  Mr Babakandi had a go at appealing that decision, but was […]

The Localism Bill: Rush, rush, rush …

It is certainly not a truism that legislation which is given the closest possible scrutiny is thereafter free from doubt – consider, for example, the Law of Property (Miscellaneous Provisions) Act 1989, which we always used to call the mysterious provisions Act because nobody was quite sure what its ambit was (as has subsequently proved to […]

Transfers and allocations

In Babakandi v Westminster CC [2011] EWHC 1756 (Admin), Mr Babakandi made a bold challenge to Westminster’s allocation scheme (bold, as in post-Ahmad v Newham LBC) together with other grounds.  Westminster now has a choice-based lettings scheme based on banding applicants in categories A-C (A being the highest) and a different category for sheltered schemes.  […]

Subletting and Pt 6 waiting time on Iplayer

People who unlawfully sublet social housing (often at a vast profit) are, in my view, dishonest and immoral fraudsters who deserve a range of punishments too awful for a family-friendly blog like this to describe. I suspect that the makers of Council Houses: Cheats and Victims (available on Iplayer, here) would agree with me. But, […]

Let’s all move to … Wales*

Forgive the slight delay in picking this up, but the Welsh Assembly has issued a consultation on a new Code of Guidance on allocations and homelessness (closing date 30.06.2011; comments to Affordablehousing.actionteam@wales.gsi.gov.uk or by post).  By any stretch, this 271 page document is a real achievement because (a) it refers where necessary to relevant case […]