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 […]

Breach of PSED and consequences for possession

Forward v Aldwyck Housing Group Ltd (2019) EWCA Civ 1334 The Court of Appeal considers the effect of an admitted breach of the Public Sector Equality Duty under s.149 Equality Act 2010 on possession proceedings. Mr F had an assured tenancy from Aldwyck. Soon after the tenancy started, there began what would be repeated incidents of […]

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 […]

Known unknowns – Considering disability in homelessness

Birmingham City Council v Wilson [2016] EWCA Civ 1137 In Pieretti v Enfield LBC [2010] EWCA Civ 1104 (our note) the Court of Appeal held that under (the predecessor to) the Equality Act, in the course of Housing Act 1997 Part VII inquiries, a reviewing officer was required to carry out inquiries into an applicant’s disability that the Housing Act […]

You’ve lost that loving Ealing. (Sorry)

H & Ors, R (On the Application Of) v Ealing London Borough Council [2016] EWHC 841 (Admin) Ealing’s allocation policy has already had lawfulness problems, compounded by Ealing’s unlawful refusal to do anything about that unlawfulness. But this judicial review of the policy was on a different basis and confirms a whole fresh ground of […]

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 […]

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 award of Discretionary Housing Payments. This judicial review concerned Sandwell Council’s policy […]