R(Gullu) v LB Hillingdon [2018] EWHC 1937 (Admin) Well now. This was another challenge to LB Hillingdon's policy of requiring 10 years residence in borough for admission to the housing register. It follows after TW, SW, and EM, R (On the Application Of) v...
Hide and seek – unlawful eviction
Ryan Insalaco v i) One Room UK ii) Paulo de Souza iii) Alisson Teixeira. County Court at Willesden, 6 July 2018 An unlawful eviction claim, notable for the casualness of the eviction and the efforts the defendants then went to to pretend the claim wasn't...
When help with wood pellet fuel means no right to buy
Milton Keynes Council v Bailey (HOUSING – Right to Buy) [2018] UKUT 207 (LC) A bit of an oddity, this one, but there is perhaps a broader principle. Paragraph 11 of Schedule 5 to Housing Act 1985 provides that a property is exempt from the Right to Buy...
Possession as a proportionate response
An appeal of a possession order, on grounds of disability discrimination and public law. Eales v Havering LBC (2018) QBD 13/07/2018 (extempore judgment, note on Lawtel) Ms E had a non-secure contractual tenancy from Havering. Havering had sought possession...
Until death us do terminate
We reported a county court appeal on the issue of termination of tenancy of a deceased tenant by service of notice on the Public Trustee in Pavey v LB Hackney here. The problem being when the notice to quit was not served on the Estate (at the property) and...
Shaken but not successful – the problems of nuisance
Dr Amanda Lindsay v Berkley Homes (Capital) PLC (2018) QBD (TCC) 13/07/2018 (Extempore judgment reported on Lawtel) Dr Lindsay owned a leasehold flat. She had brought a claim (in person) arising out of works to demolish a concrete basement to the building...
Fergus Wilson is running out of protected characteristics to discriminate against.
My apologies for the link to the Daily Mail, but it appears that Fergus Wilson is at it again. For newcomers, Wilson has a considerable history of being a Very Bad Private Landlord. For example, losing to the Equalities and Human Rights Commission on a case...
What’s another decade?
TW, SW, and EM, R (On the Application Of) v London Borough Of Hillingdon (2018) EWHC 1791 This was a judicial review of Hillingdon's allocation scheme and in particular, the thresholds for eligibility for inclusion on the housing list set by Hillingdon. The...
Facing up to it
Kamara v London Borough Of Southwark (2018) EWCA Civ 1616 In Makisi & Ors v Birmingham City Council (2011) EWCA Civ 355 (our report), the Court of Appeal decided that the right to make 'oral submissions' in response to a ‘minded to’ letter under 8(2) of...
A question of authority – settled accommodation
Well now. I'm not sure what to make of this. The Supreme Court has refused permission to appeal in Doka v London Borough of Southwark. But... Doka v Southwark concerned what could amount to 'settled accommodation' for homelessness matters, and specifically...
Late and late again – intentional homelessness and benefit claims
Oduneye v Brent London Borough Council (2018) EWCA Civ 1595 (not on Bailii yet - judgment on Lexis) This was a second appeal from a s.204 appeal on Brent's decision that Ms O was intentionally homeless. Ms O was in person. She had sought an adjournment to...
How to Rent Guide – a bit of a snafu
There is a new version of the MHCLG 'How to Rent Guide' out (apparently updated on 6 July 2018). Though according to MHCLG it dates from 26 June 2018. This is because there was a bit of a mess up with the previous version. (Update. During the course of this...