Medley

Here are various bits and pieces, while we await big cases such as the Supreme Court decision in Poshteh v RB Kensington & Chelsea. (You can watch the hearing here.) We don’t usually promote events on Nearly Legal, but I am happy to make an exception for this one. Cornerstone Barristers are hosting the inaugural […]

Failings and functions

BBC News reported on the effect of the Retaliatory Eviction provisions in the Deregulation Act, some 16 months on. A large scale FOI request produced the result that only 19% of councils had recorded stopping even 1 retaliatory eviction through service of an Improvement Notice or Emergency Remedial Action Notice. This does not come as […]

Costs and inquiries – homelessness appeals

The London Borough of Croydon v Lopes [2017] EWHC 33 (QB) Costs on settled s.204 Housing Act 1996 appeals – the issue that never goes away. The latest instalment also brings with it some rather sharp findings by the Court of Appeal on the extent of inquiries the council should have made. Ms Lopes had […]

Suitability and PSED

London Borough of Hackney v Haque [2017] EWCA Civ 4 In which the Court of Appeal grapple with the application of the Public Sector Equality Duty to decisions on suitability of accommodation provided under s.193 Housing Act 1996 (in satisfaction of the full housing duty). Hackney had accepted a full housing duty to Mr Haque […]

What Westminster did next. Sending the homeless to Coventry

As has been reported here and here, Westminster City Council have decided to adopt various new housing policies. In particular, there are new proposed policies on temporary accommodation and permanent accommodation offers for homeless households. The documents can be found here. The new ‘policy framework’ will mean the following: For both temporary accommodation AND private sector […]

To me – To you

Royal Borough of Kensington And Chelsea, R (On the Application Of) v London Borough Of Ealing (2017) EWHC 24 (Admin) A judicial review in which two local authorities fought over which of them was gong to have to owe a housing duty to a homeless applicant. The central issue was whether, in the circumstances, Ealing could […]

We’re going to need another canto – 2016 roundup

“We to the place have come, where I have told thee Thou shalt behold the people dolorous Who have foregone the good of intellect.” (canto 3) Midway between Christmas and new year, I found myself, fat and indolent, on the sofa, contemplating a year-end post. The trouble with 2016, I realised, is that it made […]

Nearly a passage to India

Thanks to Garden Court and Justine Compton for their note of this case. CM v Westminster CC. County Court at Central London. 1 December 2016 This was a s.204 appeal of Westminster CC’s decision, upheld on review, that Ms CM had accommodation available to her, so was not homeless. Westminster had decided that Ms CM had […]

Begging and questions

First the begging – or at least a request – though not on our own behalf. As you all know, the NL team all work on the blog for free. We do it because we all really enjoy reading, writing and thinking about housing law and we’re grateful (and still a bit amazed) that so […]

Known unknowns – Considering disability in homelessness

Birmingham City Council v Wilson [2016] EWCA Civ 1137 In Pieretti v Enfield LBC [2010] EWCA Civ 1104 (our note) the Court of Appeal held that under (the predecessor to) the Equality Act, in the course of Housing Act 1997 Part VII inquiries, a reviewing officer was required to carry out inquiries into an applicant’s disability that the Housing Act […]