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Gustovarac v Croatia App. No, 60223/09 is a game-changer of a case. A possession case in which the European Court of Human Rights seems to be saying you don't need a proportionality assessment. Now, as you'll all know, there is a line of European Cases,...
The answer appears to be when it is only for access! Bristol City Council v Digs (Bristol) Ltd [2014] EWHC 869 (Admin) We first reported on this case briefly as a decision of the Bristol Magistrates Court. It has now been appealed by way of case stated and...
This is a post by Alan Richards, a journalist and blogger on legal matters, financial affairs, politics and economics, who blogs at Alrich. We are happy to add it to the blog, dealing as it does with size standards for housing, both social and private....
The flexible tenancy, that marvellous and oxymoronic invention of the Localism Act, is now in place and in use by a number of Councils. The last time I considered flexible tenancies it was largely about how they were created and how they were terminated at...
A successful FTT bedroom tax appeal in Birkenhead has raised some new questions over 'room use' as an argument. The decision notice is here (HT Speyejoe). The appellant had moved into the '3 bedroom' property on marriage. He and his wife had lived there. A...
In one sense, the possession claim in Manchester Ship Canal Developments v Persons Unknown [2014] EWHC 645 (Ch) follows a fairly predictable course. The Defendants were a group of activists who had set up camp on Barton Moss Lane, Manchester, in protest at...
Mohamoud v Birmingham CC [2014] EWCA Civ 227 As all of our readers doubtless know, the way that decision making in homelessness cases works is something like this: a first decision is made by someone on behalf of a local housing authority; if that is in the...
Any keen follower of housing law (no laughing for those of you who have stumbled across this blog for the first time; we do exist) will know that the decade long struggle surrounding the admissibility of the Article 8 defence culminated mainly in...
I was one half of a seminar at Garden Court Chambers on Thursday last week on the bedroom tax for housing advisors. The excellent Liz Davies of Garden Court tackled the Court of Appeal decisions in MA & Ors and the benefit cap judgment in SG & Ors, R...
A couple of bits and pieces. The DWP has issued a circular in the wake of the Court of Appeal judgment in MA & Ors, R (on the application of) v The Secretary of State for Work and Pensions [2014] EWCA Civ 13 (Our report coming soon, honest). The...
Pelipenko v Russia 16/1/14 We reported the ECtHR's decision on the merits here. There now follows the Chamber's decision on the claim for just satisfaction. The Applicants' claim for the breaches of Art 6 and Art 8 broke down into 4 parts: 1. the purchase...
We have been asked to circulate the following. Given the difficulty people face in accessing housing advice and representation in this area, we are very happy to do so. This is for anyone who lives or works in the borough of Lewisham. You will know that the...