“Real misery is being caused to no good purpose”

DA & Ors, R (On the Application Of) v Secretary of State for Work and Pensions (2017) EWHC 1446 (Admin) This was the judicial review of the ‘reduced’ benefit cap – £20,000 pa  outside London, £23,000 in London, brought by claimants who were all single mothers with children, including children under two years old. The claim […]

Community contribution, priority stars and discrimination

XC, R (on the application of) v London Borough of Southwark [2017] EWHC 736 (Admin) This was a judicial review of Southwark’s allocation policy as it applied to transfers. Specifically, the issue was whether Southwark’s policy, in awarding ‘priority stars’ for ‘community contribution’ discriminated against women and the disabled. There is a substantial backstory to XC’s […]

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 […]

Doing the same thing twice, expecting different results.

After some noises in the press that a reconsideration was underway, the government, via the DWP, has decided that it is going to go ahead with removing housing benefit (or rather ‘housing costs element’ of Universal Credit) from anyone under the age of 22. The regulations, which were announced on last Friday afternoon, while the […]

Tales of the private sector

A collation of cases and stories from the private sector, and a series of reminders that a database of rogue landlords, and indeed banning orders, can’t come soon enough. In Sheffield, John Cashin was convicted of 56 offences involving HMO management, failure to provide information, failure to licence and property conditions: Five properties, on Abbeydale […]

Allocation & unreasonable behaviour

YA v London Borough of Hammersmith And Fulham [2016] EWHC 1850 (Admin) YA was in care with H&F for a number of years and was now a care leaver. During that previous period as a child in care, he had committed a number of criminal offences, though these were spent under Rehabilitation of Offenders Act 1974 […]

Discrimination in allocation

Courtesy of Garden Court North Chambers and Joseph Markus of GCN is this note of a settled judicial review claim on an allocation policy’s local connection requirements. R (VC) v North Somerset Council (Equality and Human Rights Commission intervening) CO/3801/2015 This claim concerned a challenge brought by an Irish Traveller to a “local connection” requirement […]

Right to Rent – just how bad is it?

We though it would be bad. And thanks to the JCWI, we can now have an evidence based stab at an answer. JCWI co-ordinated an evaluation of the West Midlands pilot of ‘Right to Rent’ and have published the report (summary here, and full report here). Notably, the Home Office has not released its evaluation […]

Rents and Equality. Barnet, again.

It appears that Barnet Council (via the Mayor’s casting vote) are determined to carry on with their  plan to raise rents for council tenants, new and existing, to 80% of market rent or top of LHA rates, whichever is lowest. We previously spent some time on why this was a bloody stupid idea, given the […]

Arguably Serious – Aster Communities Ltd v Akerman-Livingstone

Aster Communities Ltd (formerly Flourish homes Ltd) v Akerman-Livingstone [2014] EWCA Civ 1081 (30 July 2014) is an extraordinary decision that will – if allowed to stand – have a significant impact on the day-to-day management of possession claims in the county court. The Court of Appeal’s finding that Equality Act 2010 cases should, like […]