R (McDonagh) v Hackney LBC , Administrative Court, February 15, 2012 [not on bailii - taken from a Lawtel note] concerned a claim for judicial review brought by a traveller against Hackney's policy regarding the allocation of its caravan pitches for...
Let’s all move to … Wales
We have previously commented on various housing and homelessness developments in Wales. These have been individual interventions into homelessness and the legislative competence order giving legislative housing powers to the Assembly. Moves are now afoot...
When Age is Not Just a Number
Regular readers may have noted that these pages have been quiet on the subject of age assessments and the entitlement to services under the Children Act 1989. The fact-finding hearing in The Queen (KN) v LB Barnet [2011] EWHC 2019 (Admin) was heard as long...
Estoppel and s.2 – will we find out?
In the Summer Dave and David Smith posted about the case of Kinnear v Whittaker in the High Court. Bean J allowed an appeal against the summary disposal of a possession claim where the defendant had raised proprietary estoppel as a defence. This interesting...
Transfers and allocations: Pt 2 (a footnote)
We reported on the interesting High Court decision in Babakandi v Westminster CC [2011] EWHC 1756 (Admin) (a post-Ahmad challenge to Westminster's housing allocation scheme) and made a few observations of our own on the judgment, most notably regarding the...
Jones v Kernott: The Headline
I've got parental duty so can't do a full note on Jones v Kernott [2011] UKSC 53 now. The headlines, though, are: (a) Ms Jones won the appeal so that her 90% share in the disputed property was re-instated; (b) the UKSC agree on the outcome but there is...
Not Ashored
Awful title due to NL himself. Mew v Tristmire concerned whether or not two "houseboats" were "dwelling houses let as separate dwellings" as required in section 1 of the Housing Act 1988 in order for them to be assured tenancies. The "houseboats" appear to...
Possession and disability: The reach of ss 49A DDA & 149 EA
In Barnsley MBC v Norton [2011] EWCA Civ 834, the Court of Appeal considered the application of section 49A(1)(d), Disability Discrimination Act 1995, to the decision of Barnsley to seek and obtain a possession order against Mr Norton and his family....
Face time
Makisi & Ors v Birmingham City Council [2011] EWCA Civ 355 Does the right to make oral submissions to a review officer on a s.202 Housing Act 1996 review, following a 'minded to' letter, mean that the applicant has the right to insist on a meeting? This...
On the naughty step – a bag of wind
As Dave has explained, the Supreme Court decision in Yemshaw v LB Hounslow brought the definition of violence in Housing Act 1996 into line with other statute and Government guidance, in particular with the accepted family law definition of 'domestic...
Actual occupation (part time)
The High Court decision in Thomas v Clydesdale Bank [2010] EWHC 2755 (QB) revisits a conveyancing questions addressed in many of well-known authorities which I might put crudely as: who gets the house, the bank or the wife? Mr Burtenshaw was the sole legal...
Service charges: a welcome return to orthodoxy
Whilst we're waiting for Wednesday, (when the Supreme Court will give judgment in Pinnock, in case you were wondering), the housing law world doesn't stop in the interim. Far from it. So, without further ado, lets turn to Regent Management Ltd v Jones [2010]...