The Government has just issued a consultation paper (available here) on extending the TSAs regulatory role to local housing authorities. Whilst the document is expressed to be a consultation, the tone of the document suggests that the Government is already...
Draft Allocations Code of Guidance
DCLoG which, by all accounts, was cockahoop over Ahmad has issued a new draft Code of Guidance on allocations for consultation: Fair and Flexible. This amends parts of the 2002 Code and the 2008 Code on CBL. The new draft Code is obviously aimed at...
Addendum to Homelessness CoG…
DCLoG have put out supplementary guidance to local authorities on intentional homelessness in the context of applicants who face homelessness following difficulties with mortgage commitments. I suspect if you look hard enough, you'll find it, but it's not...
"Unauthorised tenancies": New Consultation
I have found myself unaccountably lethargic post-lunch, so when the Chief put us on to the new DCLoG consultation document on "unauthorised tenancies" I jumped at the opportunity to post on it. It's a beautifully produced document with lots of pictures,...
Allocations policies: Publication
In R (Boolen) v Barking and Dagenham LBC reported on Lawtel, the Claimant applied for judicial review of the the council's allocation scheme on the basis that (1) the council had implemented a "local connection" criterion into its prioritisation decisions...
Civil Procedure Rules – 50th update?
The next amendment to the civil procedure rules has been passed in the form of the the Civil Procedure (Amendment) Rules 2009. The change has not (yet) been noted on the Ministry of Justice's CPR website but I am anticipating that they will form part...
Peverse incentive
We don't usually cover gypsy & traveller planning permission cases, since they tend to turn on their own facts, but Rafferty and another v Secretary of State for Communities and Local Government and another [2009] EWCA Civ 809 has one point of wider...
Quick to the Plunder
The decision of the Court of Appeal in Nationwide Building Society v Wright [2009] EWCA Civ 811 confirms that a court need not set aside a final charging order merely because the order was made at a time when the owner of the property was insolvent but had...
Not just suitable but properly so
Araya, R (on the application of) v Leeds City Council [2009] EWHC 1962 (Admin) S.188 Housing Act 1996 accommodation, provided pending s.184 decision or s.202 review of a negative s.184 decision, must be 'suitable'. This means that any accommodation to which...
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...
A very short note
The decision of the House of Lords in R (Purdy) v DPP [2009] UKHL 45 (the assisted suicide case) clearly has nothing to do with housing law but, as a general statement of law, para. 34 is very interesting. ... it is obvious that the interests of human rights...
Imputed fairness?
Jones v Kernott [2009] EWHC 1713 (Ch) [not on Bailii yet] was an appeal from the County Court on a Trust of Land and Appointment of Trustees Act 1996 case. At issue is the question of fairness and whether and how far a change in common intention can be...