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, […]

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 […]

Water and youth

Not, I hasten to make clear, a Daily Mail style piece on the health giving properties of drinking expensive water, but a couple of quick notes. First, a Southwark rent arrears possession case, demonstrating that the effects of Jones v London Borough of Southwark [2016] EWHC 457 (Ch) (our report) rumble on in Southwark, despite the […]

‘Duty of care’ – Not in housing allocation

Darby v Richmond on Thames London Borough Council [2017] EWCA Civ 252 Many of you, I suspect, will be like me – you hear from clients, prospective clients, tenants etc., on a very frequent basis that in making a housing decision, or indeed in not making it, the council or housing association has ‘breached its duty […]

… don’t live here anymore

Dove v London Borough of Havering [2017] EWCA Civ 156 This was an appeal of a possession order made against the joint (formerly secure) tenants on the ground of non-occupation as primary or only home, and also serious rent arrears. Both the Ms Dove (twin sisters), appealed. Following an inspection in September 2010, Havering decided that […]

Succession, partners and bright line rules

Turley v London Borough of Wandsworth & Anor [2017] EWCA Civ 189 Did the pre Localism Act 2011 succession rules for a secure tenancy amount to a breach of article 8 and 14 (private life and non-discrimination), and if so, should a declaration of incompatibility be made if the Housing Act 1985 could not be read […]

Greenwich has problems with water

The ramifications of Jones v London Borough of Southwark (2016) EWHC 457 (Ch) (our report) rumble on. Following the finding that Southwark were a water reseller for the purposes of The Water Resale Order 2006 in adding water rates to the tenants’ rent, it is not a surprise that attention has turned to other councils (and housing associations) […]

“Perverse Incentives”

Osman, R (on the application of) v London Borough of Harrow [2017] EWHC 274 (Admin) A challenge to Harrow’s allocation policy, specifically on the ‘downgrading’ of allocation priority for overcrowded households in PRS accommodation, while existing Harrow tenants kept the higher priority for overcrowding on a transfer application. Ms O had been in Band A originally. […]

A right without rights?

Just a quick note on an interesting point that came up for decision in Plant, R (on the application of) v Lambeth London Borough Council [2016] EWHC 3324 (Admin) This was a judicial review of Lambeth’s decision (after a ‘reconsultation’ after Lambeth lost a first judicial review) to proceed with the demolition and redevelopment of […]

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 […]