Spencer v Taylor [2013] EWCA Civ 1600 This case was flagged recently on the Arden Chambers eflash service. This flash gave some bare bones details and led to much debate on the internal NL email discussion list. However, we now have the vital transcript and...
Housing Law Conference 2013
It is that time of year again. The HLPA housing law conference 2013 is on Tuesday, 10 December. A decent sprinkling of NL people will be there. It promises to be a very good day, details are below. There are a few places left, or at least there were on...
Meanwhile, back in Parliament
There was a short (and not particularly well-informed) debate in Westminster Hall yesterday about leasehold property management. Quite amusingly, Nick Boles MP (Under-Secretary of State at CLG) had this to say about the Right to Manage: Nick Boles:... I want...
Allocations and legitimate expectation
In R(Alansi) v Newham LBC, Stuart-Smith J held that, although Ms Alansi had a legitimate expectation that she would remain a priority homeseeker on Newham's housing register, Newham had not acted unreasonably and in abuse of its power by withdrawing its...
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...
‘Gorry’ Regulations Guidance
In other bedroom tax news, the DWP has issued a Circular to Local Authorities on The Housing Benefit and Universal Credit (Size Criteria) (Miscellaneous Amendments) Regulations 2013 - the new regulations implementing the Gorry judgment on LHA and housing...
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...
Allocation, Allocation, Allocation
Leicester CC v Shearer is a rare example of a successful public law defence to a claim for possession. Mrs S was the wife of the late Mr Shearer, who was himself the successor tenant to the property that was the subject of the possession claim at 35...
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...
Not home alone.
A quick note on a succesful bedroom tax First Tier Tribunal decision in Islington. Unfortunately there is no statement of reasons [Update 21/01/2014 - Statement of reasons and adviser submissions are here] and the decision notice, which I have seen, says...
Wrong to RTB
I see that the Master of the Rolls has just issued a practice direction in respect of (what appears to be) many tens (if not hundreds?) of negligence claims arising out of RTB sales (see here). Reading between the lines, a firm called Tandem Law (see here)...