[Updated 15 March, see below] Joe Halewood, who runs a fine blog on supported housing at SPeye, has unearthed a rather alarming statement from the DWP buried in the impact assessment on under occupation changes to HB for social housing from October 2011. The...
Successful gateway (b) defence!
London Borough of Southwark v Hyacienth 22.12.2011 is that incredibly rare, beautiful thing: a successful gateway (b) defence to a mandatory possession claim in relation to an introductory tenancy. At least, I think it is: unfortunately, it's not clear...
Proportionality. A precis on ‘summary’
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...
And what kind of chocolate would you like your teapot?
The DCLG has put out a consultation, announced by Grant Shapps (again), on proposals to bring in a mandatory ground for possession for Anti Social Behaviour. The closing date is 27 October 2011. I had a look at Shapps' initial announcement back in January....
Safe European Home*
We noted J. L. v the United Kingdom here. Now there are two further English possession cases at the 'questions to the parties' stage of the European Court of Human Rights. Birch and Others v UK Application no. 26393/10 Birch arises out of possession...
You gotta have an opinion
Hounslow v Powell; Leeds v Hall; Birmingham v Frisby [2011] UKSC 8 [This is probably a work in progress. There may be further additions and comments as people get a chance/have a brainwave. We've also ended up writing this as something of a tag team. Chief...
Hounslow v Powell newsflash
The judgment in London Borough of Hounslow v Powell [2011] UKSC 8 (Aka, Powell, Hall and Frisby) is out. We have a detailed post coming shortly on this significant judgment on proportionality defences after Pinnock, but for now, the headlines are:...
It’s all in the detail – Pinnock part 2
Manchester City Council v Pinnock [2010] UKSC 6 As if to confirm that housing law is, well, complicated, there is a coda to the Supreme Court decision in Manchester City Council v Pinnock, which has led to a supplementary judgment being handed down. This...
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...
Brave New World or Same Old Story
Pinnock v Manchester City Council [2010] UKSC 45 (Supreme Court pdf & BAILII links) Whenever a battle weary group of housing lawyers gets together, conversation inevitably turns (after the routine complaints about the less congenial DJs) to the thorny...
Pinnock forthcoming…
It appears that the Supreme Court judgment in Manchester CC v Pinnock is due to be handed down on 3 November. Anticipation runs wild, particularly to see what the response, if any, is to Kay v UK.
Five go to Mornington Crescent
[aka Three out of the Five go ever so slightly bonkers on the way to Mornington Crescent, and one of those three gets lost on the way] On the Radio 4 show, I'm sorry I haven't a clue, there is a game called Mornington Crescent, in which there are no rules...