Fitness for Habitation – now with Govt support.

I am delighted, and delighted for Karen Buck MP, to be able to say that her Homes (Fitness for Human Habitation and Liability for Housing Standards) Bill now has government support as well as that of the Labour opposition. (Previous posts on the then draft Bill are here and here). The published Bill for Second […]

Beach huts: chattels, leases, estoppel

Gilpin and ors v Legg [2017] EWHC 3220 (Ch) is a gift (at least to land law examiners) that is going to keep on giving.  This is not just because of the claims discussed – whether beach huts were fixtures or chattels, whether a lease had been granted to the owners of the huts, whether […]

Protection from neighbours – no duty

CN & Anor v Poole Borough Council (2017) EWCA Civ 2185 What, if any, duty is owed by a local authority to children to protect them from abuse and harassment by neighbours? This court of appeal decision suggests none in negligence. CN and GN lived with their mother in a Poole Housing Partnership (a Poole BC […]

Not 2017

I was going to do the usual roundup of the year post, but frankly, it was all too depressing. You all know what has happened, hasn’t happened and ought to have happened. About that best that can be said is that the awful bits of the Housing And Planning Act 2016 were not brought into […]

The Bedworth bedroom conundrum

Nuneaton and Bedworth Borough Council v RH and Secretary of State for Work and Pensions (2017) UKUT 471 (AAC) A very interesting (and perhaps surprising) Upper Tribunal 3 judge decision on the issue of ‘what is a bedroom’ for the purposes of Housing Benefit Reg 13 – the bedroom tax. RH occupied property described as […]

Fewer floors for HMOs and minimum room sizes.

The Housing Minister, Alok Sharma, has confirmed that the Government will be going ahead with its proposals to change the conditions for a mandatory license for HMOs to any property with 5 or more occupants in 2 or more households, regardless of the layout of the property (previously the property had to be of three […]

Cat amongst the pigeons

In an interview in the Independent, Jeremy Corbyn has apparently announced that it will be Labour policy to end ‘no fault’ private sector evictions: Asked whether abolishing the “no fault” evictions would be part of the next Labour manifesto, he replied:  “Absolutely. Absolutely. I am very committed to housing and dealing with homelessness. I think it’s a […]

Ex parte’d, airbnb’d, departed

JKMK Consultancy Ltd v Goldie Properties Ltd,  QBD, 18 December 2017 (Note on lawtel, otherwise unreported) The run up to Christmas in any housing practice is usually awash with interim injunction threats and preparation. Lack of heating, hot water, electricity, toilets free of back surges, ceilings… That kind of thing. But here is an interim […]

The good, the bad and the ugly.

In a week of depressing, worrying news on homelessness – of which more below – there were at least two bits of good news. First, in Gureckis, R (On the Application Of) v Secretary of State for the Home Department [2017] EWHC 3298 (Admin) the Government’s policy of deporting rough sleeping EU citizens was found to […]

“I made him aware he is very lucky”

A Local Government Ombudsman Report on the actions of Maidstone Borough Council towards a homeless household makes for depressing reading. Both for the actions (and inactions) of the Council and for what it lays bare about the attitude to the homeless. Mr and Mrs A and their young children were owed the full housing duty […]