Bedrooms, river beds and more

A few things… In case you didn’t see it through email or social media, I wrote a long piece about social housing in the aftermath of Grenfell Tower, which is on a separate page at that link. In Scotland, the Inner House of the Court of Session heard an appeal from the Upper Tribunal on […]

Making it up as you go.

C, R (on the application of) v The London Borough of Islington (2017) EWHC 1288 (Admin) C was accepted for the full housing duty by Islington, with her 3 children, as a result of domestic violence. C is profoundly deaf. She had been living in Southwark, but following the DV, was in refuge in Islington and applied […]

Service charge disputes and recovery of costs

Bretby Hall Management Company Ltd v Pratt [2017] UKUT 70 (LC) This was an appeal to the UT on various issue arising from an FTT decision. We will not dwell on the issue of specific charges not being consulted on under s.20, but not – as the UT found, overturning the FTT – subject to […]

Homeless duties, human rights and suitability decisions

Poshteh v Royal Borough of Kensington and Chelsea [2017] UKSC 36 (For our report of the Court of Appeal decision, see here). For the facts of the case, see the earlier post. In short, Ms Posheth had refused an offer of accommodation in discharge of duty because a round window in the property had reminded her […]

Regrette rien

R (oao Sambotin) v London Borough of Brent (2017) EWHC 1190 (Admin) Once a local authority has made a homeless decision under section 184 Housing Act 1996, can it change its mind? That was the issue in this judicial review. Mr S had applied to Brent as homeless. By a letter of 30 January 2017, […]

A bluffers guide to the Homeless Reduction Act 2017

  The Homelessness Reduction Act has now received royal assent. The Act itself is here. There is no date yet for it to come into force – there will need to be statutory guidance produced first – and the current guess is that it is likely to be in 2018.  Of course, what the Act […]

Research into energy efficiency and flats

This is a request for information from social housing providers in England and Wales. Sue Bright (Oxford University) and David Weatherall (Future Climate) are carrying out a survey of social housing providers in relation to their experiences when delivering energy efficiency refurbishment works in blocks of flats where some or all of those flats are […]

One Million Pounds!

Diaz v Karim [2017] EWHC 595 (QB) The schedule of special damages – never straightforward. The belongings that had to be thrown out, or were taken and not returned. The difficulty in evidencing them, the difficulty in evidencing proof of purchase (who keeps receipts for years? Bank statements or card statements might identify a shop […]

You gotta plan

London Borough of Waltham Forest v Khan [2017] UKUT 153 (LC) It has always been generally assumed that local authorities have a fairly limited discretion when granting a licence under a selective licensing scheme created under Part 3, Housing Act 2004. Section 88 of the Act sets out the requirements which focus on the suitability […]

The Tribunal unleashed

Secretary of State for Work and Pensions v Carmichael and Sefton BC (HB) [2017] UKUT 0174 (AAC) Oh my. This was the DWP’s appeal to the Upper Tribunal of the First Tier Tribunal’s decision on the Carmichael’s bedroom tax appeal (our report here). It was initially surprising that the DWP sought to pursue this appeal, […]