Muloko v Newham LBC, County Court at Central London 6 April 2018 This is from a note of the judgment in June 2018 Legal Action - Housing: Recent Developments. I usually wait a month or two on reporting cases from Legal Action, but I report it now as it has...
Damages for badly performed homeless duties?
Brief notes on a couple of cases, both, in different ways, approaching the issue of whether a homeless applicant can claim for damages arising from the bad performance of the local authority's statutory duties. McDonagh, R (on the application of) v London...
Forthcoming law (and informed consent)
The Tenant Fees Bill has had its second reading. The current Bill and its progress are here. There is a lot to digest in the Bill and I suspect there will be amendments on route. There are a whole new range of civil penalties, possible offences and...
Heavy handed, inaccurate threats of legal action – Metropolitan HT harass their tenants
Worthington & Anor v Metropolitan Housing Trust Ltd (2018) EWCA Civ 1125 The Court of Appeal on an instance of tenancy management going bad, very bad indeed. And the landlord losing a claim against them for damages for harassment under Protection from...
Court of Appeal on illegal eviction – quantum and heads of claim.
Smith v Khan (2018) EWCA Civ 1137 Well! It is not often that an illegal eviction case gets to the Court of Appeal, let alone on the tenant's appeal. But that is what we have here. There are some useful bits along the way, the correction of some errant views...
Automatic discharge of suspended possession order – it depends
Armstrong v Ashfield District Council (2018) EWCA Civ 873 Where a suspended possession order has provided for a future date of discharge, does that take effect even when the landlord has applied for a warrant on breach of terms in the interim and those...
Capacity and applications: Homelessness
Last night, I was in Leeds at the wonderful Centre for Law and Social Justice, and discussed with some scholars and lawyers (over a few drinks) the way in which housing law appears to have become its own isolated and insular sub-discipline. This was...
On the Naughty Step – the questionable ethics of the Christian Legal Centre
Some people will not have come across the Christian Legal Centre (CLC) until the Alfie Evans case. Others will know something of their history. What the Alfie Evans case has done is cast light on what one might call the modus operandi of the CLC and some...
Councils behaving badly – Part whatever
With grateful thanks to Housing: Recent Developments in March 2018 Legal Action comes this report of a county court case for unlawful eviction. What makes it slightly unusual is that the perpetrator landlord was a council. Lutman v Ashford BC, County Court...
The costs of dangerous cladding – leaseholders position
First Tier Tribunal LON/00AH/LSC/2017/0435 - Firstport Property Services Ltd v various leaseholders of Citiscape We previously saw the Salford decision on the costs of a 'waking watch' in a tower with 'Grenfell' style cladding, but this was the first, keenly...
More vulnerability
Rother DC v Freeman-Loach [2018] EWCA Civ 368 is the latest installment on the interpretation of vulnerability for the purposes of homelessness law, with a sting in the tail about s 204A appeals. Mr Freeman-Loach suffered from ostoarthritis, anxiety and...
Deposits – don’t mislead about compliance. And the multiple breach issue
(14/11/2019 NB, this post has been edited following a complaint from Mr Scott, details of which will be set out below) Thank you to my colleague and fount of wisdom Deirdre Forster for this case note on a tenancy deposit claim. Howard Davies v Scott, County...