The question of the interaction between housing debt and prioritisation for an allocation under Part VI, Housing Act 1996, appears to have been in issue in R(Osei) v Newham LBC Lettings Agency, decided on 27.01.10. I say "appears to" because, as of yet, no...
It's a confused world out there…
And for the new year, it seems an opportune moment to delve into the Nearly Legal search logs in a vaguely quixotic attempt to provide answers to some of the questions that brought people here. Alternatively, where this is not possible, we can stare in mute...
Family allocations
Now, personally, I intend to chuck my kids out as soon as possible and return to "normal". But, for Mrs Ariemuguvbe, this was not possible because her children were subject to immigration status and had no recourse to public funds (no doubt, they didn't...
New Local Authority Allocation Guidance
DCLG has released the new Code of Guidance for Local Authority allocation of housing. There is a slightly unfinished page about it here and a press release here. The Code of Guidance itself is here [link to pdf]. We will come back to the Guidance in a proper...
Allocation without Grant
Birmingham City Council v Qasim and others [2009] EWCA Civ 1080 may come as something as a surprise (at least, it did to me) and has rather a lot to say about the importance of allocation schemes under Pt 6, Housing Act 1996. Birmingham had an employee who...
Welcome to the High Court …
Welcome, Kenneth Parker QC, to the High Court. In a case which has more of the surreal about it, Kenneth Parker QC, sitting then as a Deputy Judge, had to decide whether to grant leave to a litigant in person to challenge Octavia Housing and Care's...
Allocations: Risk v Need
In R(M) v Hackney LBC [2009] EWHC 2255 (Admin), Cranston J was faced with a difficult case which "... raises the issue of reconciling individual rights with the rights of the community". The rights concerned were the Claimant's rights to an allocation of a...
Without exception
R (Joseph) v LB Newham [2008] EWHC 1637 (Admin) Blanket policies are unlawful. A first year law undergraduate could tell you that. Any lawyer or public body which didn't know that would deserve public humilliation, probably involving being slapped across the...
HLPA Conference
The Housing Law Practitioners Association ("HLPA") host their annual conference on December 15, 2009 at the Royal College of Surgeons, London. Details have just been released (with more to follow later in September) and can be found at...
Draft Allocations Code of Guidance
DCLoG which, by all accounts, was cockahoop over Ahmad has issued a new draft Code of Guidance on allocations for consultation: Fair and Flexible. This amends parts of the 2002 Code and the 2008 Code on CBL. The new draft Code is obviously aimed at...
Allocations policies: Publication
In R (Boolen) v Barking and Dagenham LBC reported on Lawtel, the Claimant applied for judicial review of the the council's allocation scheme on the basis that (1) the council had implemented a "local connection" criterion into its prioritisation decisions...
Arm's length discrimination (or not)
Odham's Walk Residents Management Ltd v Westminster City Council [2009] EWHC 1712 (Admin) is not a housing case per se, but is of interest. The applicant, a TMO, manages an estate of Westminster's housing stock as Westminster's agents under contract. The...