Hussain v London Borough of Hounslow [2010] EW Misc 15 (CC) (01 December 2010) Not sure why this one wasn’t written up in November. I thought we’d covered it, but apparently not. It is worth a look not just on the specific issues but as the pre-amble sets...
Localism Bill published
The Localism Bill was published yesterday. I suppose it might be seen as an exciting time for the housing sector - somebody described it as a potential "paradigm shift" at an event I was at last week - but, whether or not that is correct (and it could yet...
Relying on advice on the LHA
Ombudsman's Decision: Complaint against Newham LB [2010] Complaint no 09 003 325 9 November 2010 Hat-tip to the Garden Court bulletin for this one. Miss Thornton (pseudonym) was in temporary accommodation provided by Newham LBC pursuant to the full housing...
Private Sector Accommodation and Part 7
Hanton-Rhouila v Westminster City Council [2010] EWCA Civ 1334 This was a second appeal from a s.204 Housing Act 1996 appeal which had been dismissed by a Circuit Judge. Mrs Rhoulia had applied as homeless to Westminster and the appeal was of Westminster's...
HHSRS, overcrowding and homelessness
I could bore for England about the significance of the HHSRS, overcrowding and their relationship with the definition of homelessness, as well as the significance of the reworked notion of "reasonable to continue to occupy" by the HL in Moran, having worked...
Social housing reform “consultation”
The heavily trailed (eg here and here), "cataclysmic" consultation paper on social housing reforms has been published by CLG today. There is much to digest and much will be left to individual PRPs and local authorities to work out. The "consultation" is...
Exodus
As we await the impact of the imposed upper limits of Housing Benefit, starting in April 2011, it appears that some London Councils have already decided on the likely results, according to this story in the Observer. Representatives of London boroughs told a...
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Khazai & Ors, R (on the application of) v Birmingham City Council [2010] EWHC 2576 (Admin) We've been waiting for this one. Mutterings about the 'Birmingham email case' have been around for a bit. This is a judicial review which is something of a sequel to...
Overstepping the mark
Wandsworth LBC v Watson, Court of Appeal, Oct 12, 2010 - Lawtel note only This was an unopposed appeal by Wandsworth against a decision of a recorder on a s.204 appeal. Ms Watson applied to Wandsworth for assistance under Part 7, Housing Act 1996. She...
Homelessness – ‘due regard’ to disability
Pieretti v London Borough of Enfield [2010] EWCA Civ 1104 This is an odd case, in lots of ways, but what is decided in this appeal to the Court of Appeal is potentially of broader significance and certainly useful as clarification. The issue was whether, and...
“Responding to Human Rights Judgments”, or then again, not.
The latest Government response to the Joint Committee on Human Rights report 2009/10 has been released. The PDF of the response is available here. This is the response of the current Government and they make clear that it is to a report prepared under the...
Residing legally …
An interesting argument emerged before the Court of Appeal in Lekpo-Bozua v Hackney LBC (SoS for Communities and Local Government joined as interested party) [2010] EWCA Civ 909. The issue arose around the difference between, on the one hand, an...