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We have previously commented on various housing and homelessness developments in Wales. These have been individual interventions into homelessness and the legislative competence order giving legislative housing powers to the Assembly. Moves are now afoot...
An interesting and novel first instance case has recently emerged from Reigate County Court. Minter v Mole Valley District Council was heard by DJ George on 25th May 2011 and it was reported in the papers here. The facts in summary are as follows: M...
Abed v City of Westminster [2011] EWCA Civ 1406 Is an offer of temporary accommodation under s.193(5) Housing Act 1996 unlawful if the Local Authority has not assessed the suitability of the accommodation before making the offer? This was the issue before...
Just a quick note to remind people that the second of Channel 4 Dispatches on 'Landlords from hell" is on tonight at 8.30. It is billed as: Jon Snow and a team of undercover reporters find out what really happens to those desperate to find a home, now that...
Butt v LB Hounslow [2011] EWCA Civ 1372 is, frankly, daylight robbery. You'll remember that in Bubb v Wandsworth (our note here), the Court of Appeal made clear that the county court on a s.204 appeal should not start finding facts. Ever. So, we come to...
Bubb v London Borough of Wandsworth [2011] EWCA Civ 1285 In an appeal under s.204 Housing Act 1996, should the County Court determine disputed factual issues? In this second appeal, the Court of Appeal effectively holds not. Ms Bubb was in temporary...
Holmes v Westminster City Council [2011] EWHC 2857 (QB) An interesting appeal from a summary possession order on the issue of consideration of proportionality. While the outcome is not, perhaps, a surprise, some of the arguments are. Plus this is an example...
Mitu v London Borough of Camden [2011] EWCA civ 1249 In which the Court of Appeal splits over the proper interpretation of Regulation 8(2) of The Allocation of Housing and Homelessness (Review Procedures) Regulations 1999, while agreeing on the outcome in...
Tricky things, ex parte interim injunctions. Dealt with on the papers, or possibly by a phone hearing with a duty Judge, there is little time for detail and, obviously, no argument from the other side. Which makes it all the more important that the applicant...
Abdullah v Westminster City Council [2011] EWCA Civ 1171 Do matrimonial home rights apply where notice to leave to a non-tenant spouse has been given by a joint tenant who is not the spouse? A question raised and answered in this homeless case. This was a...
Charles Terence Estates Ltd v Cornwall Council [2011] EWHC 2542 (QB) (subnom oh dear, oh dear) Forgive the length of this note, but this seems to be a significant case with potentially far-reaching ramifications. The judgment of Cranston J (in my view) is...
Bah v The United Kingdom - 56328/07 [2011] ECHR 1448 This is a decision of the European Court of Human Rights on the regulations for eligibility for housing support, after the declaration of incompatibility in Westminster v Morris [2005] EWCA Civ 1184. It is...