The Local Government Ombudsman receives over 300 complaints a year about Local Authorities' handling of homeless applications. The LGO is clearly concerned by what it sees in the matters referred to it as it has now produced a 'focus report' , called "How...
Back in the consulting room
R (Peat and others) v Hyndburn DC [2011] EWHC 1739 (Admin) is the first successful challenge to a selective licensing scheme. We've previously covered the permission hearings (here and here). It's quite a fun judgment to read, if only for the absolute...
Forgive us our trespasses…
The Prime Minister's confirmation that the government will be bringing forward legislation for the criminalisation of trespass and the proposed removal of legal aid from trespassers in the Legal AId, Sentencing and Punishment of Offenders Bill amount to the...
A sorry tale
Webb and another v Marcos and another CA, July 8, 2011 (lawtel and westlaw notes only) looks like a sad tale, as well as being one of those (hopefully rare) cases where a possession order was enforced by committal. M was the occupier of a property which had...
Service charges and legal costs: a very short point
The Upper Tribunal (Lands Chamber) has recently handed down two cases on insurance premiums and service charges. I'm not going to deal in any detail with either of them, as both are entirely on their own facts. However, in one case Akorita v Marina Heights...
Standards in private renting: A bit of a mess?
My good friend, Alex of Alex's Archives, has sent me a link to a discussion in the GLA corridors of power on standards in the private rented sector. I haven't finished listening to the GLA debate, but, as Alex said in his email, it does expose some "shaky...
Transfers and allocations
In Babakandi v Westminster CC [2011] EWHC 1756 (Admin), Mr Babakandi made a bold challenge to Westminster's allocation scheme (bold, as in post-Ahmad v Newham LBC) together with other grounds. Westminster now has a choice-based lettings scheme based on...
Injunction, planning and committal, post Cala
Broxbourne Borough Council v Robb & Ors [2011] EWHC 1626 (QB) I'll give a somewhat lengthy report of this case, because it is one of the first to touch on the changing planning environment for Gypsies and travellers after the DCLG's stated intention to...
The degree of formality
... and, no, we're not talking about meeting the in-laws; rather, we've *finally* got a High Court decision on the requirements of s.20B(2), Landlord and Tenant Act 1985. This, in short, requires landlords to either demand service charges within 18 months of...
Contracting out reviews
In Karaj v Three Rivers DC [2011] EWCA Civ 768, Ward and Rimer LJJ granted permission to appeal on what appears to be the "Shacklady" issue (links to our report), viz whether a failure to follow the proper rules regarding the contracting out of the review...
Service charges and dispensation: an update
I'm led to believe that the landlord in Daejan Investments Ltd v Benson (our post here) has been given permission to appeal to the Supreme Court. Nothing confirmed on the UKSC website yet, but my source is usually quite reliable. I'm going to go out on a...
Housing benefit and non-disclosure
In Coventry CC v Vassell [2011] EWHC 1542 (Admin), the issue for Hickinbottom J, on appeal by way of case stated, was as to the mental element required to convict an HB claimant for non-disclosure of a change of circumstances affecting entitlement to HB...