Regulations and damn regulations.

Two quite different sets of secondary legislation. First: there is a new prescribed form for section 6(2), section 8 and section 13(2) notices for assured (including shorthold) tenancies from 6 April 2015. The regulations are here and the prescribed forms are in the schedules.  Section 6(2) is terms for a periodic tenancy. Section 8, of […]

The judicial review of regulations on funding judicial review

Ben Hoare Bell Solicitors & Ors, R (On the Application Of) v The Lord Chancellor [2015] EWHC 523 (Admin) The legal aid funding regulations for judicial reviews, in effect from April 2014, were the subject of this judicial review. To cut to the chase, the Lord Chancellor lost, but no remedy decided yet. (Disclaimer, I […]

Just because you are paranoid…

… doesn’t mean that they aren’t out to get you. The MoJ and Legal Aid Agency have put out a leaflet on Legal aid and “Help for people at risk of losing their home“. The trouble is that it doesn’t mention, anywhere, at all, not even in little small print, that tenants facing possession proceedings […]

Legal Aid Agency FAQs*

The Legal Aid Agency has released a set of ‘frequently asked questions’ on scope and funding after 1 April just gone. A copy is here. The housing section is at 74-109 There are few surprises, but worthy of note is the position on disrepair: 81. Are damages regarding housing disrepair in scope? Can I claim […]

‘Transforming Legal Aid’*

No, it isn’t over yet. The MoJ has issued a consultation on the next round of legal aid cuts, called ‘Transforming Legal Aid’. There are some specific proposals that affect legal aid housing work. Hold on to your chairs… Residence requirement for funding. 3.4 and 3.5 – to be lawfully resident and to have lawfully resided for […]

The Wasteland*

April is the cruellest month, breeding LASPO out of the dead land, mixing Memory and despair, stirring Dull anger in its train. Winter left us bare, covering Estates in fears and so, feeding An edge of life with dread of worse. Summer no surprise for us, coming with lack of agency With Court time drained; […]

Housing and LASPO – Urgent

The Legal Aid, Sentencing and Punishment of Offenders Bill enters report stage in the House of Lords from 5 March. Any further amendments to the bill in the Lords must happen at this stage. It is likely that the social welfare provisions, including housing, will be debated from Monday 5 March onwards. There is one […]

Delays, stays and funding limitations

Windsor and District Housing Association v Hewitt [2011] EWCA Civ 1096 (Not on Bailii or elsewhere. We’ve seen a transcript). It is of interest not least for the Court of Appeal’s view of the meaning of the funding limitations on a Public Funding Certificate. This was an application to the Court of Appeal for a […]

Legal Aid reforms – Housing

The Ministry of Justice ‘consultation paper’ on reforms to legal aid to achieve a £350 million cut by 2013/4 is out. It is a hefty 224 odd pages. Responses are required by 14 February 2011 I’ve done what I can to fillet out its significance for housing and social welfare provision, cutting out the various […]

Social Welfare contracts – not over yet

While Family and Family and Housing roll on under the old contracts, SWL new contracts are due to start on 15 November. However, there is another judicial review claim by an unsuccessful firm, Davies Gore Lomax of Leeds. The hearing is listed for 27 October. The claim is apparently on the grounds that: The point […]