An uncaring indifference to wrong and right

Behind every homelessness statistic sits a story – or, more accurately – 88410* stories. Stories of people fleeing violence or abusive relationships. Stories of people struggling with ill-health and addictions. Stories of care leavers being left to struggle thorough. And, increasingly, stories of people who just can’t afford the rent.** Some – the “lucky” or […]

Sufficient Notice

Partridge v Gupta (2017) EWHC 2110 (QB) Those who have been readers of this blog for a while may recall our campaign about evictions by High Court Sheriffs where the writs were (wrongly) obtained as an administrative act by using form N293A. This culminated in a practice note by Senior Master Fontaine, stressing that – […]

Dwelling in temporary accommodation

Dacorum Borough Council v Bucknall (aka Acheampong) [2017] EWHC 2094 (QB) When is temporary accommodation provided under the Housing Act 1996 Section 193(2) duty occupied ‘as a dwelling’ fo the purposes of Section 3 Protection from Eviction Act 1977? We know from R (N) v Lewisham London Borough Council [2015] AC 1259 (our report) that section […]

Illegal subletting – an ‘elaborate farrago of lies’

Poplar Housing & Regeneration Community Association Ltd v Begum & Ors [2017] EWHC 2040 (QB) We are no fans of illegal subletting of social housing here at NL. So here is an appeal by the landlord of a county court decision to grant a suspended possession order (and no unlawful profit order) on a illegal […]

Subletting and defamation – a novel approach

There is a queue of significant and serious cases waiting to be written up. For time and personal reasons, this may not happen for a while. Instead, here is an insignificant case of no wider importance, but possibly some entertainment value. Howell v South London Church Fund & Southwark Diocesan Board of Finance (2017) QBD […]

Cant Pay

It is rare, if we are entirely honest, for a First Tier Tribunal decision on service charges to be exciting. It is even rarer for there to be mystery and police raids, and “Immunity from Treason” notices, and debts of “Trillions of pounds”, and something called an ‘equity lawyer’. Yet here they all are, and […]

Not looked into enough to be unaware

Trindade v London Borough of Hackney (2017) EWCA Civ 942 A second appeal of a homeless decision that Ms T was intentionally homeless, on the issues of whether Ms T’s actions were “an act or omission in good faith on the part of a person who was unaware of any relevant fact” as per s.192(2) Housing […]

On the naughty step – Physician heal thyself edition

If Nearly Legal has a mantra, it is this: “Everyone should have a housing lawyer with them at all times”. Or, at the bare minimum, a landlord and tenant lawyer. We had taken the reasonableness of this to be self-evident. However, it seems even this basic safety net might not be enough. Meet Lewis Perry, […]

Education and out of borough homeless accommodation

This is going to be a very short post on a very long judgment – 275 paragraphs worth. The main case was on the right to education under article 2 of the First Protocol to the European Convention on Human Rights, in relation to a local authority’s failure to provide a school place. However, there are […]