Darby v Richmond on Thames London Borough Council [2017] EWCA Civ 252 Many of you, I suspect, will be like me - you hear from clients, prospective clients, tenants etc., on a very frequent basis that in making a housing decision, or indeed in not making it,...
… don’t live here anymore
Dove v London Borough of Havering [2017] EWCA Civ 156 This was an appeal of a possession order made against the joint (formerly secure) tenants on the ground of non-occupation as primary or only home, and also serious rent arrears. Both the Ms Dove (twin...
Succession, partners and bright line rules
Turley v London Borough of Wandsworth & Anor [2017] EWCA Civ 189 Did the pre Localism Act 2011 succession rules for a secure tenancy amount to a breach of article 8 and 14 (private life and non-discrimination), and if so, should a declaration of...
Greenwich has problems with water
The ramifications of Jones v London Borough of Southwark (2016) EWHC 457 (Ch) (our report) rumble on. Following the finding that Southwark were a water reseller for the purposes of The Water Resale Order 2006 in adding water rates to the tenants' rent, it is...
“Perverse Incentives”
Osman, R (on the application of) v London Borough of Harrow [2017] EWHC 274 (Admin) A challenge to Harrow's allocation policy, specifically on the 'downgrading' of allocation priority for overcrowded households in PRS accommodation, while existing Harrow...
A right without rights?
Just a quick note on an interesting point that came up for decision in Plant, R (on the application of) v Lambeth London Borough Council [2016] EWHC 3324 (Admin) This was a judicial review of Lambeth's decision (after a 'reconsultation' after Lambeth lost a...
We’re going to need another canto – 2016 roundup
"We to the place have come, where I have told thee Thou shalt behold the people dolorous Who have foregone the good of intellect." (canto 3) Midway between Christmas and new year, I found myself, fat and indolent, on the sofa, contemplating a year-end post....
Suspense surrounds suspended possession orders
Ever since Cardiff City Council v Lee [2016] EWCA Civ 1034 (our note), there has been a ferment and a gnashing of teeth amongst landlords, particularly social landlords, about the best way to deal with the 'new' requirement under CPR 83(2) to make an...
A touch of sanity? Mandatory Pay to Stay gone away.
The Housing minister, Gavin Barwell, has today announced that the Government will not be pursuing the provisions in the Housing And Planning Act 2016 that implemented mandatory 'pay to stay' provisions for local authority tenants. Instead, it will be...
With and without foundation – Bedroom tax in Supreme Court
MA & Ors, R (on the application of) v The Secretary of State for Work and Pensions [2016] UKSC 58 R (on the application of Carmichael and Rourke) (formerly known as MA and others) (Appellants) v Secretary of State for Work and Pensions (Respondent) R (on...
Warrant on breach of SPO – permission required
We foreshadowed this appeal hearing here, and now we have the Court of Appeal judgment. And it is important. Cardiff City Council v Lee [2016] EWCA Civ 1034 The sole issue on the appeal was: can the court proceed to validate a warrant of possession where a...
Guest post – permission for warrants of possession?
This is a guest post by Michelle Caney and Nicholas Towers of St Ives Chambers. Anyone wanting to enforce possession orders should keep an eye on Cardiff County Council v Lee (Flowers), scheduled to be heard by the Court of Appeal on 18 or 19 October 2016,...