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, […]

The Tribunal’s enforcer

In Octagon Overseas Ltd and Canary Riverside Management Ltd v Coates [2017] EWHC 877 (Ch), the First-tier Tribunal appointed Mr Coates as the manager of Canary Riverside (a development comprising, amongst other things, four blocks of residential apartments of which Octagon were the freehold owners) under s.24, Landlord and Tenant Act 1987. As part of […]

Aesthetics, unlawful kitchens and warehousing bus drivers

A triplet of brief notes. Zipporah Lisle-Mainwaring won a judicial review of the Magistrates and Crown Court decisions upholding RB Kensington & Chelsea’s Notice under s.215 Town and County Planning Act 1990, ordering her to paint her Kensington property white, to cover the stripes that may or may not have been painted on the exterior […]

Northern Waters

Rochdale Boroughwide Housing Ltd v Izevbigie (2017) EWHC 790 (CH) (not on Bailii yet, Judgment is here) Rochdale BH is a social housing provider (of what was the council’s housing stock). The issue in this case – heard as a preliminary issue – was whether Rochdale BH was a water reseller under the terms of The […]