As an illustration of how complex housing law has become, and how difficult for a litigant in person, comes Sheppard v London Borough of Richmond-Upon-Thames [2012] EWCA Civ 302. This was a failed permission for second appeal to the Court of Appeal,...
“About to be in need” and prospective care assessment
This is a quick note on the effect of NM, R (on the application of) v London Borough of Islington & Ors [2012] EWHC 414 (Admin) on when a Council is required to carry out an assessment under section 47 of the National Health Service and...
Auto-bids and Lettings Choice
The Administrative Court has recently given judgement in the conjoined applications of Rouse Tout a Tout and Heff v LB Haringey, which concern the lawfulness of the auto-bid system operated by LB Haringey in the allocation of their permanent accommodation....
Costs on settled appeals
A quick note on a useful case on costs where an appeal has been settled. Harripaul v London Borough of Lewisham [2012] EWCA Civ 266 was an appeal to the Court of Appeal from a failed S.204 appeal to the County Court on a homeless matter. The appeal was given...
Don’t Panic!
The Residential Landlords Association appears to have got its collective knickers in a bit of a twist over proportionality. According to its press release and a report on 24dash, the RLA has suddenly decided that Powell v Houslow presents a dramatic threat...
Small, but not unimportant
Marshall Dixon and others v Wellington Close Management Ltd [2012] UKUT 95 (LC) is, so far as I can tell, the first Lands Tribunal/Upper Tribunal case on s.37, Landlord and Tenant Act 1987. As you'll know, the 1987 Act gives the LVT power to vary residential...
More than a minor problem
We have news of a recent, and rather important, county court case concerning the termination of a tenancy which had been purported to have been granted to a minor, but who had since turned 18. The case in question is Croydon LBC v Tando. You may recall that...
It never rains but it pours
The ECHR has recently delivered its judgement in Kolyadenko v Russia , which (apart from demonstrating the reach of the ECHR jurisdiction to the remote corners of Asia) is a useful case applying principles we would recognise under the rule in Rylands v...
Nothing ever really changes, does it?
Corby BC v Scott & West Kent Housing Association v Haycraft [2012] EWCA Civ 276 are the first cases that have required the Court of Appeal to consider and apply the guidance given in Powell v Hounslow LBC [2011] UKSC 8 & Pinnock v Manchester CC...
The cost of criminalising trespass
The Government's proposal to criminalise trespass to residential property, contained in LASPO at clause 136, is due to be considered at report stage in the House of Lords tomorrow (Tuesday 20 March). The Government's estimate of additional costs arising from...
Proportionality and bankruptcy: On fish and terrapins
One question (of the many) arising from the watershed that is represented in English and Welsh law by Pinnock is just how far it extends. We hope to have a Court of Appeal decision on private landlords and the application of proportionality soonish. But...
Single room rate and social housing
[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...