A couple of recent Upper Tribunal (Land Chamber) decisions on HMOs under licensing schemes. Urban Lettings (London) Ltd v London Borough Of Haringey [2015] UKUT 104 (LC) What does an 'appropriate person' 'having control of a HMO' mean in circumstances where...
Promises and lies
With the manifestos all now published, I thought it might be interesting to look at what is being said about housing by the three main parties. I might do the others later, if I have time. Conservatives The highlight of housing policy seems to be a huge...
ECtHR and Social Housing-Two Recent Judgements
Happi v France 9/4/15 (judgement in French only) Mr H lives with his family in unsatisfactory and hazardous accommodation in Paris. On 28/12/10, Paris' Administrative Court ordered the Ile-de-France authority to provide the family with urgent accommodation....
From ‘pillar to post’
In a judgment of undisguised anger, Cobb J described the conduct of LB Tower Hamlets and LB Havering as "shameful" in the way in which they treated AM and his family. I haven't come across Cobb J before but his judgment in AM v Tower Hamlets LBC and...
Protocol Problems
Now that the new pre-action protocols are sort of available, and have been in force since 6 April 2015 even when they were not available, people are having a look at them. And coming up with some issues. The new Pre-action Protocol for Possession Claims by...
Deposits, penalties and discretions
Okadigbo & Anor v Chan & Anor [2014] EWHC 4729 (QB) When awarding a penalty for breach of the Section 213 Housing Act 204 requirements for tenancy deposits, the court has a discretion over the amount of penalty under section 214 "(4) The court...
Well I wouldn’t start from here*
Davis Solicitors LLP v Raja & Anor [2015] EWHC 519 (QB) A cautionary tale on how, when things go badly wrong, it is, by and large, better not to take active steps to make them worse. Davis Solicitors LLP (a sole practitioner practice run by Nancy...
Mystery Pre Action Protocols
There are new pre-action protocols in force from today, 6 April 2015, including the following: The Pre-Action Protocol for Judicial Review The Pre-Action Protocol for Housing Disrepair Cases The Pre-Action Protocol for Possession Claims by Social Landlords...
Tenancy deposits – where we are now?
With the relevant parts of the Deregulation Act 2015 having come into force on 26 March 2015, time for a quick outline of what the changes mean for deposit protection and section 21 notices. Deposit taken pre 6 April 2007 which became statutory periodic...
On the Road Again
With remarkable speed, the Supreme Court has handed down its judgement in Nzolameso v Westminster City Council , having announced immediately after the hearing on 17/3/2015 that the appeal would be allowed, with reasons to follow. The facts of the case can...
Care orders and accommodation pending appeal
Our post on Nzolameso v City of Westminster [2015] UKSC 22 is here, but behind the headlines of the judgment (and it is a good judgment) is a whole history, even between the Court of Appeal and Supreme Court hearings. R(N) v Westminster City Council [2015]...
Discretionary Housing Payments – the trouble with DLA.
Hardy, R (on the application of) v Sandwell Metropolitan Borough Council [2015] EWHC 890 Oh, we have been waiting for this one. According to DWP survey evidence, some 75% of Councils take Disability Living Allowance into account as income when deciding on an...