Archive for the 'housing' Category

Sharif v Camden London Borough Council – WLR Daily

Sharif v Camden London Borough Council [2011] EWCA Civ 463; [2011] WLR (D) 148

“A local housing authority’s duty under section 193(2) of the Housing Act 1996 to secure that accommodation was available for occupation by a homeless applicant was not discharged by providing two self-contained flats with no shared communal living areas, one for occupation by the applicant and her sister and the other for occupation by her father, because such accommodation was not available for occupation by the applicant together with any other persons who normally resided with her as members of her family within the meaning of section 176 of the 1996 Act.”

WLR Daily, 20th April 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Beedles v Guinness Northern Counties Ltd (Equality and Human Rights Commission intervening) – WLR Daily

Beedles v Guinness Northern Counties Ltd (Equality and Human Rights Commission intervening) [2011] EWCA Civ 442; [2011] WLR (D) 143

“Where a lease provided for quiet enjoyment that meant an ability to use the premises in an ordinary lawful way. Consequently where a disabled tenant requested a service from his landlord such as repair or redecoration the court had to assess whether the provision of that service would enable him to live as would any other typical tenant in the premises.”

WLR Daily, 19th April 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Makisi v Birmingham City Council; Yosief v Same; Nagi v Same – WLR Daily

Please note that we have been experiencing some difficulties linking to WLR Daily case summaries. If you find that a link does not take you to the case you were expecting, you can also find it by using the ‘case search‘ function on the ICLR website.

Makisi v Birmingham City Council; Yosief v Same; Nagi v Same [2011] EWCA Civ 355; [2011] WLR (D) 124

“An applicant for housing under the homelessness provisions who, on an review of a decision to refuse accommodation, had a right to make oral representations where there had been a deficiency or irregularity in the original decision, could insist on a face-to-face hearing with the reviewer at which he or his representative could make representations.”

WLR Daily, 31st March 2011

Source: www.iclr.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Child Poverty Action Group mounts legal challenge to welfare reform – The Guardian

“The government is facing a legal challenge to its controversial plans to cap housing benefit payments on the grounds that large areas of the south-east will become off limits to the poor, with lone parents and ethnic minorities ‘disproportionately affected’.”

Full story

The Guardian, 7th March 2011

Source: www.guardian.co.uk

Hounslow London Borough Council v Powell; Leeds City Council v Hall; Birmingham City Council v Frisby – WLR Daily

Hounslow London Borough Council v Powell; Leeds City Council v Hall; Birmingham City Council v Frisby [2011] UKSC 8; [2011] WLR (D) 64

“In all cases where a local authority was seeking possession of a property which constituted a persons home, including persons who had been granted introductory tenancies pursuant to Part V of the Housing Act 1996 and persons who had been granted a licence of property under the homelessness regime in Part VII of the 1996 Act, the court being asked to make the order for possession had to have the power, pursuant to article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, to consider whether the order would be a proportionate means of achieving a legitimate aim.”

WLR Daily, 25th February 2011

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Young offenders leaving custody for life of homelessness and reoffending – The Guardian

“Children as young as 13 are being released from custody without a safe place to live, forcing them into a cycle of homelessness and reoffending, research has shown.”

Full story

The Guardian, 28th February 2011

Source: www.guardian.co.uk

Hackney London Borough Council v Findlay – WLR Daily

Hackney London Borough Council v Findlay [2011] EWCA Civ 8; [2011] WLR (D) 7

“Where a court had made an order for possession against a tenant in his absence, on an application to set aside that order under CPR r 3.1 the court should take all the circumstances into account under r 3.9, where the tenant could show for the purposes of r 39.3(5) that he had acted promptly when he found out about the possession order, had a good reason for not attending the trial and had a reasonable prospect of success on the application, giving precedence to the requirements of r 39.3(5).”

WLR Daily, 21st January 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Judges get power to fast-track eviction of nasty neighbours – The Independent

“Judges are to be given new powers to fast-track the eviction of tenants who harass their neighbours.”

Full story

The Independent, 11th January 2011

Source: www.independent.co.uk

Eric Pickles curbs councils’ empty home seizure powers – BBC News

“Councils will have to wait two years before seizing empty homes under plans by Communities Secretary Eric Pickles.”

Full story

BBC News, 7th January 2011

Source: www.bbc.co.uk

Council house tenants set for eviction rule change – The Guardian

Councils are to be given powers to evict or transfer new tenants after as little as two years if their financial circumstances improve, under plans to be unveiled tomorrow.

Full story

The Guardian, 21st November 2010

Source: www.guardian.co.uk

Housing and legal bodies warn of ‘dire consequences’ from new mortgage rules – The Guardian

“A coalition of the UK’s leading housing and legal organisations have written to Chancellor George Osborne warning of ‘dire consequences’ for homebuyers and the building industry if Financial Service Authority proposals for mortgage regulation are implemented.”

Full story

The Guardian, 16th November 2010

Source: www.guardian.co.uk

Legal aid cuts would remove free advice for thousands of people – The Guardian

“Hundreds of thousands of people with family and housing law problems will no longer have access to free legal advice under government proposals announced today (15 November).”

Full story

The Guardian, 15th November 2010

Source: www.guardian.co.uk

R (Cala Homes (South) Ltd) v Secretary of State for Communities and Local Government – WLR daily

R (Cala Homes (South) Ltd) v Secretary of State for Communities and Local Government [2010] EWHC 2866 (Admin); [2010] WLR (D) 287

“The Secretary of State for Communities and Local Government was not entitled to use the discretionary power to revoke regional strategies contained in s 79(6) of the Local Democracy, Economic Development and Construction Act 2009 to effect the practical abrogation of the regional strategies as a complete tier of planning policy guidance.”

WLR Daily, 11th November 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

‘Big society’ decision to scrap regional housing targets ruled unlawful – The Guardian

“A decision by the communities secretary, Eric Pickles, to scrap regional housing targets in pursuit of the government’s ‘big society’ initiative was ruled unlawful by the high court today.”

Full story

The Guardian, 10th November 2010

Source: www.guardian.co.uk

Manchester City Council v Pinnock (Secretary of State for Communities and Local Government and Equality and Human Rights Commission intervening) – WLR daily

Manchester City Council v Pinnock (Secretary of State for Communities and Local Government and Equality and Human Rights Commission intervening) [2010] UKSC 45; [2010] WLR (D) 278

“A county court judge who was invited to make an order for possession against a demoted tenant pursuant to s 143D(2) of the Housing Act 1996 could consider whether it was proportionate to make the order sought, and could investigate and determine any issues of fact relevant for the purpose of that exercise. Consequently, the demoted tenancy regime in the 1996 Act was compatible with art 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 4th November 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina (SO) v London Borough of Barking and Dagenham (The Children’s Society intervening) – WLR Daily

Regina (SO) v London Borough of Barking and Dagenham (The Children’s Society intervening) [2010] EWCA Civ 634 1101; [2010] WLR (D) 257

“Local authorities enjoyed, by virtue of s 23C(4)(c) of the Children Act 1989, the power to accommodate a person who had formerly been a child in care and was therefore a former ‘relevant child’ within s 23A of the Act, and a local authority was not entitled, when considering whether the welfare of a former ‘relevant child’ who was also an asylum seeker required that he be accommodated by it, to take into account the possibility of support by the National Asylum Support Service.”

WLR Daily, 20th October 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Pieretti v Enfield London Borough Council – WLR Daily

Pieretti v Enfield London Borough Council [2010] EWCA Civ 1104; [2010] WLR (D) 248

“S 49A(1)(d) of the Disability Discrimination Act 1995 required a local authority, in carrying out its functions under Pt VII of the Housing Act 1996, to take due steps to take account of a disabled persons’ disabilities.”

WLR Daily, 13th October 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

The Battle for Trevalga: residents win partial victory in fight to stop public school selling hamlet – Daily Telegraph

“A tiny Cornish community has won a partial victory in its fight against a leading public school.”

Full story

Daily Telegraph, 12th September 2010

Source: www.telegraph.co.uk

Review of FA national football centre Burton homes plan – BBC News

“A claim for a judicial review has been lodged into a council’s decision to give planning consent for the National Football Centre in Staffordshire.”

Full story

BBC News, 2nd September 2010

Source: www.bbc.co.uk

Sheffield City Council v Wall and others – WLR Daily

Sheffield City Council v Wall and others; [2010] EWCA Civ 922; [2010] WLR (D) 221

“The foster son of a late council tenant was not entitled to succeed to the tenancy under the Housing Act 1985.”

WLR Daily, 2nd  August 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Lekpo-Bozua v Hackney London Borough Council (Secretary of State for Communities and Local Government intervening) – WLR Daily

Lekpo-Bozua v Hackney London Borough Council (Secretary of State for Communities and Local Government intervening) [2010] EWCA Civ 909; [2010] WLR (D) 208

“An applicant for accommodation could establish a priority need under the Housing Act 1996 because a dependent child was residing with her, where the dependent child was an European Economic Area national from abroad, even though the child did not have a permanent right to reside but was subject to immigration control, but the housing authority’s duty was then the restricted duty provided for under s 193(7AA) of the 1996 Act as amended. Under either the amended or unamended provisions the duty would have been the full duty had the dependent child had a right of permanent residence in the United Kingdom. Moreover, a failure by the host member state to enforce the removal of the dependent child after three months did not graduate by waiver to her acquiring a permanent right to residence.”

WLR Daily, 28th July 2010

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Woman loses court battle over garden access – The Independent

“Successful hedge fund chief Mina Gerowin Herrmann today lost around £150,000 trying to get into the garden of her London square home.  High Court judge Sir William Blackburne threw out her and her husband’s claim against the Royal Borough of Kensington and the committee which refused the couple a key to the exclusive amenity surrounded by railings.”

Full story 

The Independent, 9th July 2010

Source: www.independent.co.uk

Ravichandran and another v Lewisham London Borough Council – WLR Daily

Ravichandran and another v Lewisham London Borough Council [2010] EWCA Civ 755; [2010] WLR (D) 170

“An offer of accommodation made by a local authority in discharge of its housing duty under s 193(7) of the Housing Act 1996 had two requirements: the accommodation had to be suitable and the offer reasonable for the applicant to accept. It was desirable that a review of the suitability requirement and of the reasonableness requirement took place at the same time as any review of the decision of the authority as to the discharge of its duty. In that case there would be no right of further review. If reviews occurred at different times any relevant matters which existed before an offer of accommodation had been refused but which had not been taken into account then had to be taken into account when the local authority came to review its decision that it no longer owed a duty.”

WLR Daily, 5th July 2010

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Metropolitan Housing Trust v Hadjazi – WLR Daily

Metropolitan Housing Trust v Hadjazi [2010] EWCA Civ 750; [2010] WLR (D) 167

“The jurisdiction of the court to grant a social landlord a possession order against an assured tenant, the husband, under ground 14A in Pt II of Sch 2 to the Housing Act 1988 on the basis of the husband’s domestic violence or threat of violence against the wife, extended to violence and threats proved to have taken place after the husband had left the dwelling house to live temporarily elsewhere.”

WLR Daily, 2nd July 2010

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Austin v Southwark London Borough Council – WLR Daily

Austin v Southwark London Borough Council [2010] UKSC 28; [2010] WLR (D) 156

“The right of a ‘tolerated trespasser’, a person continuing to occupy his rented home following a breach of the terms of a conditional suspended possession order, to apply to the court for postponement of the date for possession to enable him to remedy the default and revive the secure tenancy, under s 85(2) of the Housing Act 1985, survived his death and could, consequently, be exercised by his personal representative.”

WLR Daily, 24th June 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

In re A (Children) (Abduction: Interim Powers) – WLR Daily

In re A (Children) (Abduction: Interim Powers) [2010] EWCA Civ 586; [2010] WLR (D) 139

“S 5 of the Child Abduction and Custody Act 1985 permitted a court to give directions to a local authority to provide accommodation for the abductor and abducted children.”

WLR Daily, 28th May 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Home information packs suspended – Law Society’s Gazette

“After a week in office, the new coalition government today announced that the requirement for home sellers to provide home information packs will be suspended pending primary legislation to abolish them entirely.”

Full story

Law Society’s Gazette, 20th May 2010

Source: www.lawgazette.co.uk

Regina (Clue) v Birmingham City Council and another (Shelter intervening) – WLR Daily

Regina (Clue) v Birmingham City Council and another (Shelter intervening) [2010] EWCA Civ 460; [2010] WLR (D) 109

“Apart from hopeless or abusive cases, a local authority faced with an application for support and accommodation pending the determination of an arguable application for leave to remain on human rights grounds, should not refuse assistance if that would have the effect of requiring the person to leave the United Kingdom thereby forfeiting his claim.”

WLR Daily, 30th April 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Millionaire wins battle to build eco home on own island – The Independent

“A millionaire has won a fight with planners to build a luxury eco-home on his own south coast island.”

Full story

The Independent, 29th April 2010

Source: www.independent.co.uk

R v Modjiri – WLR Daily

R v Modjiri [2010] EWCA Crim 829; [2010] WLR (D) 99

“The concern of s 79(3) of the Proceeds of Crime Act 2002 is limited to the valuation of property and does not extend to the realisation of property, so that it does not have to be assumed that a beneficial interest in property has to be sold separately from the property and, for the purposes of making a confiscation order, the correct basis on which to proceed is to take into account the due proportion of the proceeds which the defendant would receive on sale of the property.”

WLR Daily, 23rd April 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Salford City Council v Mullen; Hounslow London Borough Council v Hall; Leeds City Council v Hall: Birmingham City Council v Frisby: Manchester City Council v Mushin (Secretary of State for Communities and Local Government intervening) – WLR Daily

Salford City Council v Mullen: Hounslow London Borough Council v Hall; Leeds City Council v Hall; Birmingham City Council v Frisby; Manchester City Council v Mushin (Secretary of State for Communities and Local Government intervening) [2010] EWCA Civ 336; [2010] WLR (D) 91

 “Guidance for county courts hearing applications for possession orders by local authority landlords of non-secure tenancies where the occupier, being an introductory tenant or a homeless person housed by the local authority, sought to challenge the local authority’s decision to recover possession as an improper exercise of its powers at common law on the ground that it was a decision that no reasonable person would consider justifiable.”

WLR Daily, 7th April 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Ali and another v Birmingham City Council (Secretary of State for Communities and Local Government intervening) – WLR Daily

Ali and another v Birmingham City Council (Secretary of State for Communities and Local Government intervening) [2010] UKSC 8; [2010] WLR (D) 86

“A local housing authority’s duty, under section 193 of the Housing Act 1996, to secure that accommodation be made available for an unintentionally homeless person who had a priority need did not give the homeless person a ‘civil right’ within the meaning of art 6(1) of the European Convention for the Protection of Human Rights and Fundamental Freedoms because the provision of appropriate accommodation was dependent upon the exercise of evaluative judgments by the local authority as to whether the statutory criteria had been satisfied and how the homeless person’s need ought to be met.”

WLR Daily, 23rd March 2010

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Woman loses legal battle to keep pet dog – The Independent

“A woman who says her dog is the reason for getting up in the morning lost a legal battle today to be allowed to keep pet Alfie at her housing association flat.”

Full story

The Independent, 17th March 2010

Source: www.independent.co.uk

Woman ordered to quit 92-year-old mother’s home – The Independent

“A court today ordered a 60-year-old woman to leave the home of the 92-year-old mother she has not spoken to for eight years.”

Full story

The Independent, 17th March 2010

Source: www.independent.co.uk

Regina (Coombes) v Waltham Forest London Borough Council and another – WLR Daily

Regina (Coombes) v Waltham Forest London Borough Council and another [2010] WLR (D) 70

“S 3 of the Eviction Act 1977 was not incompatible with arts 6 and 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 10th March 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Barber v Croydon London Borough Council – WLR Daily

Barber v Croydon London Borough Council – WLR Daily [2010] EWCA Civ 51; [2010] WLR (D) 39

“A local housing authority had acted unreasonably in seeking possession against a mentally impaired tenant for anti-social behaviour when it failed to take into account the possibility that the tenant’s mental impairment might have given rise to his behaviour. However, the fact that the tenant had successfully advanced a public law defence in a private law action meant that the council would not be preventing from bringing a fresh possession action if on reconsideration it felt it was merited.”

WLR Daily, 16th February 2010

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Fidler v Secretary of State for Communities and Local Government and another – WLR Daily

Fidler v Secretary of State for Communities and Local Government and another [2010] EWHC 143 (Admin); [2010] WLR (D) 38

“Where the construction of an house without planning permission had been concealed by the erection of straw bales and a tarpaulin which had been left in place for over four years after the completion of the house, so that the local planning authority did not become aware of the house until after expiry of that four-year period, the totality of building operations originally contemplated and intended to be carried out by the builder included the erection and removal of the straw bales, with the result that construction had not been substantially completed until the bales had been removed and the four-year period for enforcement had not begun to run until that date.”

WLR Daily, 15th February 2010

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Greater court protection for homeowners: consultation – Ministry of Justice

“A consultation on whether homeowners who have failed to repay consumer credit debts should have accrued a minimum level of debt before a court can order the sale of their home has been released today.”

Full story

Ministry of Justice, 5th February 2010

Source: www.justice.gov.uk

Farmer loses fight to save home he hid behind hay bales – The Guardian

“A Englishman’s house may be his castle – but it stills needs to have planning permission, a farmer learned the hard way today.”

Full story

The Guardian, 3rd February 2010

Source: www.guardian.co.uk

Welwyn Hatfield Borough Council v Secretary of State for Communities and Local Government and another – WLR Daily

Welwyn Hatfield Borough Council v Secretary of State for Communities and Local Government and another [2010] EWCA Civ 26; [2010] WLR (D) 19

“Where planning permission had been granted for the erection of a building for storing agricultural products but the building after erection had been used only as a single dwellinghouse, there had been a change of use of the building to that of a dwellinghouse for the purposes of s 171B(2) of the Town and Country Planning Act 1990, and accordingly no enforcement action could be taken after the expiry of a 4–year period.”

WLR Daily, 2nd February 2010

Source: www.lawreports.co.uk

R (Savage) v Hillingdon London Borough Council – WLR Daily

R (Savage) v Hillingdon London Borough Council [2009] EWHC 88 (Admin); [2010] WLR (D) 15

“In the discharge of its duty to provide advice and assistance to an intentionally homeless claimant, the local authority had to apply its policy flexibly and take into account the claimant’s own particular circumstances.”

WLR Daily, 1st February 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Court battle after ‘garden flooded 80 times’ – The Independent

“A financier who bought a £1.9m family home on the banks of the Thames is taking the previous owners to court, claiming they failed to warn him that the garden flooded as many as 80 times a year.”

Full story

The Independent, 27th January 2010

Source; www.independent.co.uk

Legality of Tory ‘easyCouncil’ experiment to be tested in high court – The Guardian

“The legality of a Conservative experiment in ‘no-frills’ local government will be challenged in the high court today by more than 250 sheltered housing residents who are furious at their council’s decision to remove live-in wardens to cut costs.”

Full story

The Guardian, 2nd December 2009

Source: www.guardian.co.uk

The current legal challenges facing social landlords: a judge’s perspective – speech by Lord Neuberger

“The current legal challenges facing social landlords: a judge’s perspective – keynote address, Social Housing Law Association Annual Conference 2009 on 27 November 2009.”

Full speech

Judiciary of England and Wales, 30th November 2009

Source: www.judiciary.gov.uk

Housing fraud informants to receive rewards of up to £500 – The Guardian

“The government is to offer cash rewards of up to £500 to people who report neighbours they suspect are unlawfully subletting their council home.”

Full story

The Guardian, 29th November 2009

Source: www.guardian.co.uk

Birmingham City Council v Qasim and others – WRL Daily

Birmingham City Council v Qasim and others [2009] EWCA Civ 1080; [2009] WLR (D) 301

“The allocation of a secure tenancy and the grant of such a tenancy by a local housing authority were separate concepts, so that where the authority granted a tenancy to a tenant to whom accommodation had been allocated inconsistently with the authority’s allocation scheme, pursuant to Pt VI of the Housing Act 1996, the tenancy was not thereby rendered void or ineffective.”

WLR Daily, 19th October 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Swindon Borough Council v Redpath – WLR Daily

Swindon Borough Council v Redpath [2009] EWCA Civ 943; [2009] WLR (D) 290

“For the purposes of an application for an anti-social behaviour injunction by a local authority under s 153A of the Housing Act 1996, the term “housing-related” in that section was to be given a broad rather than a narrow interpretation, so that the victims of such conduct need not be residents of local authority accommodation or their visitors or those engaged in lawful activity in such premises.”

WLR Daily, 11th September 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

De-Winter Heald and others v Brent London Borough Council – WLR Daily

De-Winter Heald and others v Brent London Borough Council [2009] EWCA Civ 930; [2009] WLR (D) 289

“Local housing authorities were entitled to contract out some or all of the reviews they were required to carry out under s 202 of the Housing Act 1996.”

WLR Daily, 4th September 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Manchester City Council v Pinnock (Secretary of State for Communities and Local Government intervening) – WLR Daily

Manchester City Council v Pinnock (Secretary of State for Communities and Local Government intervening [2009] EWCA Civ 852; [2009] WLR (D) 280

“In a claim by a public landlord for a possession order against its demoted tenant, the jurisdiction of the county court was limited to considering whether the procedure for bringing the possession claim had been complied with and to making or declining to make the possession order; it had no power to review the decision of the review panel of the public landlord as to whether the decision was proportionate or compatible with the tenant’s human rights.”

WLR Daily, 3rd August 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Central Bedfordshire Council v Housing Action Zone Ltd and Others – Times Law Reports

Central Bedfordshire Council v Housing Action Zone Ltd and Others

Court of Appeal

“On a judicial review of the reasonableness of a local authority’s decision to seek possession of land with unauthorised occupiers, the county court could look at a series of decisions including one made at the time of the hearing. If any one of the series could be shown to be unreasonable it could be challenged. The court should go beyond the pure rationality test.”

The Times, 23rd July 2009

Source: www.timesonline.co.uk

Government Response to Law Commission’s Report on Housing – Ministry of Justice

“Justice Minister Bridget Prentice has made a statement about the government response to the Law Commission’s Report on Housing: Proportionate Dispute Resolution.”

Full press release

Ministry of Justice, 16th July 2009

Source: www.justice.gov.uk

The Law Commission welcomes the Government’s response to its report on housing disputes – Law Commission

“The Law Commission welcomes the Government’s response to its report on housing disputes.”

Full press release

Law Commission, 16th July 2009

Source: www.lawcom.gov.uk

Tenant sues council over asbestos – BBC News

“A council tenant is planning to sue her local authority following the discovery of asbestos in her south London home.”

Full story

BBC News, 9th July 2009

Source: www.bbc.co.uk

Central Bedforshire Council v Housing Action Zone Ltd and others (Secretary of State for Communities and Local Government intervening) – WLR daily

Central Bedforshire Council v Housing Action Zone Ltd and others (Secretary of State for Communities and Local Government intervening) [2009] EWCA Civ 613; [2009] WLR (D) 232

“In determining whether a decision by a local authority to seek possession of land where there were unauthorised occupiers was reasonable, the county court could look at a series of decisions taken by the authority including any decision to continue with the proceedings taken at the time of the hearing. Any one of the series could be challenged if shown to be unreasonable. The court should go beyond a pure rationality test and look at facts concerning the personal circumstances of the occupiers known to the local authority at the time of the relevant decision.”

WLR Daily, 3rd July 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina (Aweys and Others) v Birmingham City Council; Moran v Manchester City Council – Times Law Reports

Regina (Aweys and Others) v Birmingham City Council; Moran v Manchester City Council

House of Lords

“A local housing authority had been entitled to decide that overcrowded families were homeless but to leave them there in the short term; it was a question of fact what term was too long.”

The Times, 7th July 2009

Source: www.timesonline.co.uk


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