Morgan v Business Mortgage Finance 5 Plc (2024) EWHC 309 (KB) Another one for the 'don't do this' pile. This was a High Court hearing of an ex parte application for an 'emergency injunction' to stay an eviction (amongst other things). Mr Morgan was defending...
ASB and disqualification from the housing register
Willott, R (On the Application Of) v Eastbourne Borough Council (2024) EWHC 113 (Admin) A judicial review of Eastbourne's allocation policy and of Eastbourne's decision to exclude Ms Willott from joining the housing register on grounds of 'serious anti...
A lack of candour over a lack of discretion
Montano, R (On the Application Of) v London Borough of Lambeth (2024) EWHC 249 (Admin) A short note on this judicial review. Ms M had requested that Lambeth exercise a discretion to back date her entry on the housing register (for greater priority) to the...
Intentional homelessness from a half way house
Kyle v Coventry City Council (2023) EWCA Civ 1360 Yes, I am very late with this one. I've found a browser tab group I must have accidentally closed at some point.... Mr K was homeless and addicted to class A drugs. During the relevant period for this second...
Macbeth, Act 5, Scene 5*
It takes a special kind of person who, faced with the multifaceted horrors of our disfunctional housing system, decides that what is really needed is to make it harder for some people to access social housing and to create new grounds or possession.** Yet...
The HMO that wasn’t – Rent Repayment Order appeal
Barker v Shokar (HOUSING - RENT REPAYMENT ORDER - criteria for identifying a 'self-contained flat' - whether building was a house in multiple occupation - adequacy of reasons) (2024) UKUT 17 (LC) This was a landlord's appeal of a rent repayment order made by...
Housing and Children Act – homeless 17 year olds
A couple of brief notes on two judicial reviews on housing, the Children Act 1989 and 'looked-after children'. BC, R (On the Application Of) v Surrey County Council (2023) EWHC 3209 (Admin) BC was a child who had been asked to leave the family home because...
An end to ‘a reasonable period’? Awaab’s Law
As you will doubtless recall, the Social Housing (Regulation) Act 2023 introduced a new section 10A Landlord and Tenant Act 1985, implying a term into all social tenancies that the landlord will comply with all 'prescribed requirements' on responding to...
Homelessness in Wales: An update
(Our very grateful thanks to Mike Norman of Harrow Law Centre - our official Wales correspondent, whether he knows it or not - for the following update.) On 10th October 2023, the Welsh government released its Consultation on the White Paper on Ending...
Upper Tribunal on ‘person managing’ and ‘person in control’ of HMO for an RRO
Cottam & Ors v Lowe Management Ltd (HOUSING - RENT REPAYMENT ORDER - statutory definitions of "person managing" and "person in control of" an HMO) (2023) UKUT 306 (LC) This is a quite significant Upper Tribunal decision on a rent repayment order...
Failed succession, residential care and human rights incompatibility
Dudley Metropolitan Council v Mailley (2023) EWCA Civ 1246 We first saw this very sad case on first instance in the High Court - our note here. Ms Mailley was defending possession of a Dudley property of which her late mother had been the secure tenant since...
Deficient enquiries and accommodation pending review
Saint Sepulchre, R (On the Application Of) v Royal Borough of Kensington & Chelsea (2023) EWHC 2913 (Admin) A judicial review of RBKC's refusal to provide temporary accommodation pending section 202 review of the decision that Mr S was not homeless. Mr S...