Our grateful thanks to Daniel Grütters of One Pump Court for this note of a recent section 204 appeal judgment on Westminster City Council's performance (or lack thereof) of the s.189B Housing Act 1996 duty (the 'help to secure' or relief duty). Mr Miro...
A deliberate act needs options to choose between.
Milton Laines Roman (R OAO) v London Borough of Southwark (2022) EWHC 1232 (Admin) This was a judicial review of LB Southwark's refusal to place the claimant in Band 1 of its Allocation Scheme, on the basis that the claimant's current overcrowding in a...
Fire Safety updates
A couple of fire safety updates of relevance to leaseholders. The Fire Safety Act 2021 sections 1 and 3 came into force on 12 May 2022. The FSA amended the Regulatory Reform (Fire Safety) Order 2005 in order to make it clear that the duties under the 2005...
And no extensions
Kalonga, R (On the Application Of) v London Borough of Croydon (2022) EWCA Civ 670 The Court of Appeal was faced with the question of whether a local authority had the power to extend time for a flexible tenant to request a review of the authority's decision...
Unravelling – the effect of a debt moratorium on enforcement steps taken during it.
Lees v Kaye (2022) EWHC 1151 (QB) This is another judgment on the operation of the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England & Wales) Regulations 2020. (The first was part of the Brake v Axnoller...
Suitable for the likes of you
Today (Weds 11 May) the Govt sneaked out The Homelessness (Suitability of Accommodation) (Amendment) (England) Order 2022. This comes into effect on 1 June 2022 and is stated to expire on 1 June 2023 The regs amend The Homelessness (Suitability of...
Something to look forward to
The Queen's Speech was delivered earlier today. As is usually the way, the speech itself didn't have much to say about anything. What matters - and what contains the details - is the Briefing Pack produced after each speech. It's available here. It looks...
Notes and gloats.
It is being reported that reform of the private rented sector, including the abolition of section 21, will be in the next Queen's Speech. It may not be a renters reform bill but part of a larger 'levelling up' bill, which does make one wonder about its...
The wrong order
Behjat v Crescent Trustees Ltd (2022) UKUT 115 (LC) UTLC We've previously seen some messes happen where the First Tier Tribunal judges purport to exercise their jurisdiction as county court judges, for example here. This, unfortunately, is another instance...
No messing about.
R (Elkundi) v Birmingham and R (Imam) v Croydon (2022) EWCA Civ 601 (not on Bailii yet. Copy of the judgment here) Two joined appeals on local authority duties to provide suitable accommodation under section 193 (2) Housing Act 1996 were before the Court of...
Plus ca change
One day, at some stage before I retire from blogging, I would like to write a good news story about the regulation of the private rented sector in England. But today is not that day. For I have spent the afternoon reading "Regulation of Private Renting" by...
EPA prosecution costs
Parker, R (On the Application Of) v Bashir & Anor (2022) EWHC 358 (Admin) A judicial review of a Magistrates Court decision on costs in a section 82 Environmental Protection Act 1990 prosecution. The prosecution had been brought in respect of a fallen...