Where a possession order is sought under Ground 16 Schedule 2 Housing Act 1985 (under-occupation on succession), what happens to the tenant's right to buy? And is this a factor in weighing the suitability of alternative accommodation and the reasonableness...
Making Good and homeless figures
Via Garden Court's 10 March 2008 bulletin. Birmingham (yes them again) have had their tenancy agreement found to be misleading by the Ombudsman in terms of their liability for making good damage resulting from repairs. Homeless figures are out for the last...
Birmingham: "Everybody does it"
Apparently, Birmingham are still furious about the Court of Appeal decision in Aweys, with the Tory cabinet member for housing showing marked signs of not actually getting it. In the course of a rant about the CLG offering 'advisors' to help with homeless at...
Housing Associations and public function to be tested?
[Edit 30 June 08. The judgment in the following case is now out. For a detailed comment, see this post.] According to Inside Housing, London & Quadrant are fighting an application for Judicial Review in Susan Weaver v London & Quadrant Housing Trust....
Permanent trespassers – a fan letter
A very interesting case report and article by James Stark of Garden Court North in the current Legal Action (March 2008) presents a possible solution to the permanent trespasser problem, at least in part. Permanent trespassers are those who have paid off the...
Accidentally Secure
And so to the last of the marathon of housing case notes I've knocked out over the last few days.... This was reported in the Law Gazette, Mansfield District Council v Langridge (2008) CA (Civ Div), (free access at the time of writing) and is not yet on...
Allocation and cumulative need
Ahmad, R (on the application of) v London Borough of Newham [2008] EWCA Civ 140 was Newham's appeal of a JR decision that its allocation scheme was unlawful for failing to take adequate account of cumulative need. This is going to be a long post. Allocation...
Considering suspension of possession for ASB
London Borough of Lambeth v Debrah [2007] EWCA Civ 1503 was an application for permission to appeal a Circuit Judge judgment giving an order for possession, which was not suspended or stayed. The appeal was not against the order, but the refusal to suspend....
Housing for children
A couple of recent cases concerning local authorities' duties under s.20 Childrens Act 1989 R (On The Application of M) (Fc) V London Borough of Hammersmith and Fulham Appellate Committee [2008] UKHL 14 concerns the varied responsibilities of Social Services...
Suddenly…
there are quite a few cases to cover. Ahmad, R (on the application of) v London Borough of Newham [2008] EWCA Civ 140 on determining priority in allocation schemes. G, R (on the application of) v London Borough of Southwark [2007] EWCA Civ 1506 on...
Considering Equality of Opportunity
Baker & Ors, R (on the application of) v Secretary of State for Communities & Local Government& Ors [2008] EWCA Civ 141. A Court of Appeal judgment on appeals of refusal for planning permission for the retention of mobile homes on green belt land...
Holmes to the Lords
Thanks to Mark P for noticing that Holmes-Moorhouse v LB Richmond is going to the House of Lords. Richmond sought and have been granted permission. I think this could be a tricky one, not just on the residence/staying with issue, but also on the differences...