From the County Courts – s.21 timing, breach of PSED

A couple of county court cases, with grateful thanks to Legal Action Housing: recent developments for reporting them.  (Link requires subscription. Of course you should be subscribing.) Majiyagbe v Singh and Sandhu, County Court at Central London, 30 August 2019 Mr Singh and Mr Sandhu granted Mr Majiyagbe an assured shorthold tenancy on 20 June 2011. The […]

Possession and the PSED (again)

London and Quadrant HR v Patrick [2019] EWHC 1263 (QB) follows hard on the footsteps of Powell v Dacorum BC [2019] EWCA Civ 29 and Forward v Aldwyck Housing Group Ltd [2019] EWHC 24 (QB) (our note here), with Turner J making some fairly caustic observations about the use of the public sector equality duty […]

Possession and the PSED

In Powell v Dacorum BC (2019) EWCA Civ 29 and Forward v Aldwyck Housing Group Ltd (2019) EWHC 24 (QB), the question of the effect of the public sector equality duty under s. 149, Equality Act 2010, on possession proceedings where there had been drugs problems at the property was in issue.  They were different cases in that, although […]

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 (Admin), the question for Rowena Collins-Rice, sitting as a Deputy High Court […]

Tenure is not a medical matter

In Kannan v Newham LBC (2019) EWCA Civ 57, Lewison LJ once again (after Lomax – our note) has considered the effect of the public sector equality duty on a review, this time concerning suitability.  Mr Kannan and his household had lived in “temporary” accommodation for 2 1/2 years.  The flat was accessed by an external metal staircase […]

Equality Act and ‘reasonable to remain’

Lomax v Gosport Borough Council (2018) EWCA Civ 1846 This was a second appeal on a homeless application by Ms L to Gosport. Ms L “suffers from a number of both physical and mental problems. She is wheelchair bound and is confined to bed for large portions of the day. She requires 24-hour care, including intimate […]

Significantly more vulnerable – how much, or what kind?

Panayiotou v London Borough of Waltham Forest (2017) EWCA Civ 1624 This is an important court of appeal decision on the meaning of ‘significantly’ in Lord Neuberger’s definition of vulnerability under s.189(1)(c) Housing Act 1996 in Hotak v Southwark LBC (2015) UKSC 30, [2016] AC 811 (our report). Lord Neuberger, at 53, said: “Accordingly, I consider that the approach […]

Suitability and PSED

London Borough of Hackney v Haque [2017] EWCA Civ 4 In which the Court of Appeal grapple with the application of the Public Sector Equality Duty to decisions on suitability of accommodation provided under s.193 Housing Act 1996 (in satisfaction of the full housing duty). Hackney had accepted a full housing duty to Mr Haque […]