The Phase 2 (and final) report of the Grenfell Inquiry was published today, Wednesday. You will doubtless have seen the headlines. The Inquiry does not hold back in finding responsibility for what happened on the part of all concerned (save the residents and...
Goodbye to all that?
So, a 4 July general election it is. Dissolution of Parliament will be on 30 May 2024. If Sunak hasn't already dissolved. Wash-up - pushing through remaining legislation in the course of going through Parliament, has to be completed by 24 May, when...
Housing conditions quantum – another County Court decision
Well, well. You wait four years then three come along at once. Our thanks to Doughty Street Chambers for their note of a County Court judgment on damages for disrepair and unfitness for human habitation. E v The London Borough of Lambeth (Wandsworth County...
Not at home alone, but intending to return
Weintraub v London Borough of Hackney (2024) EWHC 845 (Ch) An appeal of the dismissal of a claim for a declaration that Rabbi Weintraub had the right to buy, which was dismissed on the basis that he was not occupying the property as his only or principal...
Council managing its premises is not providing a service for Equality Act 2010 purposes.
FG, R (On the Application Of) v Royal Borough of Kensington and Chelsea (2024) EWHC 780 (Admin) This was a judicial review of RBKC, asserting discrimination under the Equality Act 2010 in RBKC's failure to make physical adaptations to a flat occupied by...
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...
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...
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...
Varying a possession order from discretionary to mandatory ground
Poplar HARCA v Kerr. Central London County Court 26 July 2023. (Unreported. Judgment here.) This was a county court appeal to a circuit judge on the issue of whether a pre-existing suspended possession order, made on a discretionary ground, could be varied...
Staying to make the parties try dispute resolution. A bit of a Tydfil
Churchill v Merthyr Tydfil County Borough Council (2023) EWCA Civ 1416 For transparency purposes, I acted for the Housing Law Practitioners Association on its intervention in this appeal. There was a great weight of expectations on this appeal, with...
Tales from the County Courts – housing conditions quantum, proof of notice of defects, and section 21 and gas safety certificates again
Three county court cases - all first instance judgments and non-binding, but each of interest, including the first two fitness for human habitation decisions that have come our way and a complicating decision on gas safety certificates and section 21...
Damp, mould and the HHSRS
Cases yet to be written up are in a growing pile, but frankly it has been too darn hot to have the laptop on my lap for more than half an hour, so they are going to have to wait. Instead, here is a quick note on two recent DLUHC/govt publications on damp and...