Capacity and applications: Homelessness

Last night, I was in Leeds at the wonderful Centre for Law and Social Justice, and discussed with some scholars and lawyers (over a few drinks) the way in which housing law appears to have become its own isolated and insular sub-discipline.  This was particularly in the context of human rights and capacity decisions.  I […]

Accommodation pending Appeal – where to appeal a refusal?

Davis v Watford Borough Council (2018) EWCA Civ 529 A technical appeal on a point of construction of Housing Act 1996 on homelessness appeals that has considerable practical importance. Usually when a s.204 appeal is being issued, and the council has refused to accommodate pending the appeal under s.204(4), the route to take is to […]

More vulnerability

Rother DC v Freeman-Loach [2018] EWCA Civ 368 is the latest installment on the interpretation of vulnerability for the purposes of homelessness law, with a sting in the tail about s 204A appeals.  Mr Freeman-Loach suffered from ostoarthritis, anxiety and depression, and, following a couple of strokes (the last in 2013), a speech impediment and […]

Bits and pieces

Yes, I know we still need to write up Rother District Council v Freeman-Roach (2018) EWCA Civ 368 on the approach to ‘significantly more vulnerable’ in homeless review decisions, and we will, we will. And there are other cases too. I also want to write something on the ‘housing court’ idea that is floating around. But […]

Oh the Humanity!

‘Humanity Torbay’ is apparently a charitable incorporated organisation, and one that has worthy, if semi literate, aims. So it would be a little surprising to find Humanity Torbay being described as vigilantes by the local council and told to stop their activities immediately by the police, wouldn’t it? Yet here we are. The stunningly misnamed ‘Humanity […]

There can be only one!

The MHCLG have announced a consultation ‘Strengthening consumer redress in the housing market’, which primarily about reviewing and reforming Ombudsman schemes in the housing sector, with the proposal floated for a single Ombudsman/redress scheme across the whole housing sector – social and private landlord, letting agents, tenants and buyers of new build properties. Even, it […]

Homelessness Reduction Act Code of Guidance (mostly) out

MHCLG has published the Statutory Code of Guidance for the implementation of the Homelessness Reduction Act 2017, with just over a month to go until it is in force (3 April 2018). 25 chapters and one annex are here (with no downloadable version in evidence yet). Everyone, councils and advisors, needs to brush up on […]

Children Act and Housing – (not) joining the dots.

J and L, R (on the application of) v London Borough of Hillingdon (2017) EWHC 3411 (Admin) This is a very interesting judicial review, concerning the interrelation of a council’s housing duties under Part 6 and Part 7 Housing Act 1996 and duties to children under s.17 Children Act 1989. The brief factual background, taken from […]

News bits

A post on a significant gas certificate/s.21 case will follow shortly, but for now a couple of news items… Regulations have been made bringing the Homelessness Reduction Act into force on 3 April 2018. The Statutory Code of Guidance has not yet been released, so everyone will have to hope that there aren’t many changes […]

From the county courts

With grateful thanks as ever to the Legal Action Magazine Housing: Recent Developments section for information on these (and they are not noted till those reports are publicly accessible), a couple of county court cases of interest. Assured Property Service Ltd v Ooo, County Court at Edmonton, 30 June 2017 Ms Ooo was an assured […]