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...
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...
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...
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...
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...
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...
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...
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...
Expensive choices
One of a couple of cases on intentional homelessness and affordability of accommodation. Noel & Anor v London Borough of Hillingdon (2103) CA (Civ Div) 21 November 2013 [Lawtel note, not on Bailii yet] [Update 11/12/13, now on bailii] N had applied to...
Get your excuses for your excuses in early
Poorsalehy v Wandsworth LBC (2013) QBD 07/11/2013 {note on Lawtel, not on Bailii yet] A cautionary tale, albeit one that was rather hard on Mr Poorsalehy. Mr P had applied to Wandsworth as homeless. His application was rejected by s.184 decision and the...
I don’t want to go to… Lambeth
Can a refuge be a 'residence of own choice' for the purposes of Local Authority decisions about local connection in homeless applications? This is a rare Court of Appeal decision on the issue. In addition, can a Reg 8(2) 'minded to' letter requirement be...
Accept no substitutes
P v Ealing Borough Council (2013) CA Civ Div 05/11/2013 [Not on Bailii yet. Note on Lawtel] This was Ealing's appeal from a s.204 appeal brought by Ms P. At the s.204 appeal, the Circuit Judge had varied Ealing's review decision that Ms P was intentionally...