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A short note on Gargett, R (on the application of) v London Borough of Lambeth [2008] EWHC 663 (Admin) which was an application for Judicial Review on Discretionary Housing Payments. The applicant had applied for a DHP to cover rent arrears, being at risk of...
Just a quick comment on Westminster CC v Boraliu [2008] EWCA Civ 1339, which is not on Bailii yet. I was alerted by Housing View at Sweet & Maxwell. This was Court of Appeal decision on the effect of Schedule 1, Housing Act 1985 on exclusions from...
This is an interesting case that I missed when it came out on Bailii a couple of months ago. It has just been mentioned in Legal Action, so I went to have a look. Austin v London Borough of Southwark [2007] EWHC 355 (QB) concerned an attempt to revive a...
The debate on the Housing and Regeneration Bill on 31 March saw clauses on both Ground 8 Possession and tolerated trespassers put forward by the Government. Clause 9 appears to stop RSLs using ground 8 at all and to introduce a reasonableness defence in...
This is the second of the two judicial reviews of Southwark's allocation scheme and arguably the more significant of the two. (The first case is in the previous post.) R(Faarah) v Southwark LBC [2008] EWHC 529 (Admin) concerned Southwark's managment of the...
I've been waiting to post on the outcome of two judicial reviews of Southwark's allocation scheme for a while, hoping they would appear on BAILII. They haven't, but Garden Court have briefly set out the cases in their 24 March bulletin. So, here is the first...
This post started as a response to a detailed comment by David Giles, Counsel for Floyd in S V Floyd, on my case report. But his comment and the report by Michael Paget mentioned in my last post - to the effect that Floyd contained a clear rejection of the...
As an experiment, nearly live blogging from the HLPA AGM fell foul of having my mobile turned off. So this is 'on the way home from HLPA' blogging instead. Useful talks on Housing Benefit, particularly on the new Local Housing Allowance, in force from 7...
It is about time for a break - 13 detailed posts in the last two weeks, coupled with a frantic time at work, has left me lacking oomph, as devoid of oomph as an omphless thing on a bad day. So there will be nothing more here until after the holiday weekend....
S v Floyd [2008] EWCA Civ 201 is a Court of Appeal case in which the Disability Discrimination Act 1995 is considered in relation to a mandatory Ground 8 possession claim by a private landlord. In some ways, there is nothing particularly surprising in the...
Porter v Shepherds Bush Housing Association [2008] EWCA Civ 196 is a Court of Appeal judgment on an appeal of an application for revival of tenancy where all the arrears were paid off on a breached suspended possession order. The Court of Appeal was...
So, I have a very busy day, with no time for any considering of judgments. Nonetheless, I am puzzling over the import of a couple of recent decisions for some clients. Then, on the way home, scanning printouts of the cases, what does my mobile's web browser...