Montano, R (On the Application Of) v London Borough of Lambeth (2024) EWHC 249 (Admin) A short note on this judicial review. Ms M had requested that Lambeth exercise a discretion to back date her entry on the housing register (for greater priority) to the...
Misc notes – RRO in the UT; Allocation, domestic abuse and discrimination
A couple of quick notes on cases that have been sitting a browser tabs in my 'to do' window for far too long... Daff v Gyalui & Aiach-Cohen (2023) UKUT 134 (LC) Ms Daff had been ordered to pay an RRO for an unlicensed property to the tenants in the...
Preference is not absolute – getting your allocation scheme wrong.
Nur & Anor, R (On the Application Of) v Birmingham City Council (2020) EWHC 3526 (Admin) This was (part of) a judicial review of Birmingham's implementation of its own allocation scheme. But before we get into the detail, we have to note at the start (as...
Nomination agreements and discrimination
Z & Anor, R (on the application of) v Hackney London Borough Council & Anor (Rev 1) (2020) UKSC 40 The issue of the application of the Equality Act to local authority nomination agreements with housing charities reached the Supreme Court. This was...
Children getting older as ‘unnatural increase’ for overcrowding
Flores, R (on the application of) v London Borough of Southwark (2020) EWHC 1279 (Admin) This was a judicial review of Southwark's allocation decision on the priority to be given to a family in accommodation which had become statutorily overcrowded. The...
But, it’s a long, long while…
Ward & Ors, R (on the application of) v The London Borough of Hillingdon & Ors (2019) EWCA Civ 692 Regular readers will remember the judicial reviews of Hillingdon's allocation policy requirement for a 10 year residence period (those without 10 years...
Hillingdon’s 10 year rule (Again)
As a socio-legal academic, I just love it when a court has to deal with "the empirical evidence" (and, as an occasional qualitative researcher, also love it when quals are regarded as superior to quants). In R(TW)(No 2) v Hillingdon LBC (2019) EWHC 157...
No duty of care in allocation decisions
Darby (administratrix of the estate of Lee Rabbetts deceased) v Richmond Upon Thames LBC [2015] EWHC 909 (QB) [Not on Bailii, we've seen the judgment]. Can a council's failure to carry out its responsibilities under its allocation scheme be the subject of a...
A return of sanity: Allocation and reasonable preference
Jakimaviciute, R (On the Application Of) v Hammersmith And Fulham London Borough Council [2014] EWCA Civ 1438 Eligibility for allocation list, reasonable preference and homelessness. After a run of Court of Appeal housing decisions that might be mildly...
Impossible Preference: Excluding the homeless from housing lists
R (Jakimaviciute) v LB Hammersmith and Fulham [2013] EWHC 4372 (Admin) [Not generally available yet. I've seen a transcript] This judicial review permission hearing raises very significant issues for post Localism Act Council allocation policies. The central...
‘Homeless Legislation – a thing of the past?’
[Update at the end of the post 15/11/2012] Now that the Guardian has the story, I feel able to quote a briefing paper by Andy Gale of the DCLG that had found its way to me. This is the briefing that Andy Gale has been giving to Council officers (not...
Not round these parts
R(Carney) v Bolton-at-Home Limited [2012] EWHC 2553 (Admin) Did historic ASB by the daughter of a former evicted tenant allow the local authority to refuse to allow her accommodation in the same area? This was the issue in this judicial review of...