In Holley v Hillingdon LBC [2016] EWCA Civ 1052, Mr Holley was seeking to challenge the council's decision to evict him and his brother from a three bedroom property that could sleep up to six persons, in which Mr Holley had lived for 32 years of his life...
Bannisters that never were.
You wait for 4 years for another case on bannisters and the Defective Premises Act 1972 and then two come along at once... Sternbaum v Dhesi [2016] EWCA Civ 155 Dodd v Raebarn Estates Ltd & Ors [2016] EWHC 262 (QB) Both can be dealt with fairly quickly...
Affordability and intentionality – adding it up
Samuels v Birmingham City Council [ 2015 ] EWCA Civ 1051 A second appeal from a s.204 County Court appeal that addressed the council's decision-making on whether the property from which Ms Samuels had become homeless was affordable (and thus, whether she was...
Closure, possession and legal representation
Courtesy of Jim Shepherd of Doughty Street Chambers comes this account of a county court appeal of a Ground 7A possession claim, following a closure order. The appeal of the possession order was partly on the basis that the Defendant could not get legal aid...
Not adding up
As the number of people becoming homeless from private sector accommodation continues to rise, and as private sector accommodation is used for discharge of duty and temporary accommodation by Councils, the issue of affordability becomes more and more...
Expensive choices
One of a couple of cases on intentional homelessness and affordability of accommodation. Noel & Anor v London Borough of Hillingdon (2103) CA (Civ Div) 21 November 2013 [Lawtel note, not on Bailii yet] [Update 11/12/13, now on bailii] N had applied to...
Residing together, apart.
Sharif v The London Borough of Camden [2013] UKSC 10 Does accommodation available for occupation by a person and those reasonably expected to reside with them have to be in one unit of accommodation? In this case, the Court of Appeal had said yes (our report...
Mind the Step 2 – The bannister that wasn’t
This is the second of two recent cases on Defective Premises Act 1972 and stairs (for the first see here). There is now a third case on Occupiers Liability Act 1957 with our note to come shortly. Patrick Joseph Hannon v Hillingdon Homes Limited [2012] EWHC...
‘Not otherwise available’
SL v Westminster City Council & Ors [2011] EWCA Civ 954 This is a significant judgment by the Court of Appeal on the ambit of s.21(1)(a) National Assistance Act 1948. It addresses the interrelation of 'care and attention' and the provision of...
Getting Plastered
Grand v Gill [2011] EWCA Civ 554 At the risk of being mocked, or shunned, I must confess myself to be throughly excited. A Court of Appeal disrepair case! And on one of the great unknowns of disrepair liability to boot! Obviously, my wedding day 8 years ago...
A room of one’s own
Virginia Woolf famously remarked that for a woman to write fiction, she required enough means to support herself and a room of her own. For homeless applicants, though, sometimes separated spaces can be the problem. Aliya Sharif v Camden LBC [2011]...
HB and IS: Breaking the link
Readers will be aware that, once an assessment of income and capital has been made for income support (IS) purposes so that a claimant is entitled to IS, a housing benefit (HB) authority is generally bound by that decision so that HB should follow...