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 and the outcome is irrelevant […]

Catching up with LAG

The January 2010 Housing updates in Legal Action have some County Court case reports that hadn’t reached us. You will naturally have already read them in Legal Action, but for our archives… Tenancy Deposits O’Brien v Hill Barnet County Court 22/09/2009 Mr O’Brien granted Mr Hill a 12 month AST on 9 June 2008. He […]

Pinnock Permission

We’ve just heard that Pinnock in Manchester CC v Pinnock has been given permission by the Supreme Court. Our note of the Court of Appeal case is here ([2009] EWCA Civ 852). We had wondered about permission after Central Beds v Taylor was refused. I would have thought anyone defending possession proceedings for an introductory […]

New Local Authority Allocation Guidance

DCLG has released the new Code of Guidance for Local Authority allocation of housing. There is a slightly unfinished page about it here and a press release here. The Code of Guidance itself is here [link to pdf]. We will come back to the Guidance in a proper post soon, but the stated principle is: […]

Unwelcome in the valleys

While we are in Wales and with thanks to the Garden Court housing bulletin, we report an Ombudsman’s decision Complaint against Cardiff CC 200702358 [pdf] Mr Davies and Miss Brown complained about Cardiff Council’s failure to deal with noise nuisance and threatening behaviour from Mr Williams over a period of some years. All parties were […]

HLPA Conference

The Housing Law Practitioners Association (“HLPA”) host their annual conference on December 15, 2009 at the Royal College of Surgeons, London. Details have just been released (with more to follow later in September) and can be found at www.profbriefings.co.uk/hlc2009. Highlights include: (a) Richard Drabble QC giving the key note speech. Richard has had a very […]

Pinnock and Proportionality

The CA have just handed down judgment in Manchester CC v Pinnock[2009] EWCA Civ 852, concerning the evidence that can be taken into account to justify a breach of a demoted tenancy at a review panel, the proper role of the County Court in such a circumstance, and the standard to be applied on a […]

'We rule the estate'

A local authority’s failure to effectively implement the range of sanctions for Anti Social Behaviour is the subject of a report by the Public Service Ombudsman of Wales, Case 200702044 – Conwy County Borough Council. The whole report (there is a link on that page) is worth reading, highlighting lack of awareness, systems, procedures and […]

Gilboy redux

Gilboy, R (on the application of) v Liverpool City Council & Ors [2008] EWCA Civ 751 is the appeal from the Judical Revew decision noted in this previous post. The appeal, was by general consent, on one issue alone. Does the internal review procedure for reconsideration by local housing authorities of a decision to terminate […]