Impossible Preference: Excluding the homeless from housing lists

R (Jakimaviciute) v LB Hammersmith and Fulham [2013] EWHC 4372 (Admin) [Not generally available yet. I’ve seen a transcript] This judicial review permission hearing raises very significant issues for post Localism Act Council allocation policies. The central issue is the Council’s ability under the Act to set an allocation policy that includes ‘qualifying classes’ and […]

HB and Exempt accommodation: unreasonably high rent

I admit that SS v Birmingham CC [2013] UKUT 418 (AAC) has been on my to do list for a while and that, possibly, the main reason for finding the time to write it up is because I’m on a two hour strike (#fairpayinHE).  But, it is a really quite important case about the application of […]

Intentionally homeless via co-tenant.

Viackiene v Tower Hamlets LBC (2013) CA (Civ Div) 11/12/2013 [Not on Bailii, note on Lawtel, not seen full transcript] Ms V was the joint tenant of a private property under an assured short hold tenancy. The other tenant was J. Both were jointly and severally liable for the rent. However, there was an arrangement […]

A Christmas gift for you: Contracting out and more

I appreciate that it isn’t exactly pc still to like Phil Spector’s album, but I do think it remains the best of the lot.  And, in a way, Tachie, Terera and Il v Welwyn Hatfield BC [2013] EWHC 3972 (QB) is a Christmas gift for local authorities which have contracted out their homelessness decision-making (on which […]

Out of order

R (CN) v LB Lewisham; R (ZH) v Newham LBC [2013] EWCA Civ 804 This is a very important decision from the summer. For some reason we haven’t got round to writing it up before now. In the meantime England have managed to retain (yay) and then lose (boo) the Ashes, so it just goes […]

Shortfalls, guidance and intentionality

Birmingham City Council v Balog [2013] EWCA Civ 1582 A s.202 review decision on affordability was at the centre of this second appeal, brought by Birmingham after a s.204 appeal decision went against them. The issue was to what extent the review decision should manifest attention to the statutory guidance (the July 2006 Guidance) on […]

What use is a Zambrano right of residence?

A couple of years ago a lot of lawyers practising in housing, immigration and welfare benefits got very excited by the case of Ruiz Zambrano (European citizenship) [2011] EUECJ C-34/09. The reason for this excitement was that the ECJ said that art.20, of the Treaty, required member states to grant a right of residence to a […]

On families, powers and duties to accommodate

R (on the application of MK) v Barking and Dagenham London Borough Council [2013] EWHC 3486 (Admin) [Judgment on Lexis, not on Bailii yet] A judicial review raising the extent of a Council’s duties and powers under s.17 Children Act 1989 and s.1 Localism Act 2011 (the general power of competence) in providing housing for someone […]

More children and housing duties

AT & Ors v London Borough Of Islington [2013] EWCA Civ 1505 We are a bit late with this one, but while we are on the interrelation of duties to children and housing duties, this was an an application for permission to appeal a judicial review decision on the interrelation of s.17 Children Act 1989, […]

Children and Intentional Homelessness

Hurzat v Hounslow LBC (2013) CA (Civ Div) 21 November 2013 [Not on Bailii yet, Lawtel note] What is the relationship between Housing Act 1996 Part VII and Children Act 2004? Does the duty under s.11 Children Act to safeguard and promote the welfare of children have a bearing on decisions on intentional homelessness under Housing […]