Category: housing

Ugiagbe v Southwark London Borough Council – WLR Daily

Posted February 12th, 2009 in homelessness, housing, law reports, local government by sally

Ugiagbe v Southwark London Borough Council [2009] EWCA Civ 31; [2009] WLR (D) 47

“A person’s failure to go to the Homeless Persons Unit for advice before leaving accommodation which she occupied did not amount to a lack of ‘good faith’ for the purposes of s 191(2) of the Housing Act 1996 rendering her intentionally homeless.”

WLR Daily, 11th February 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.

Holmes-Moorhouse v London Borough of Richmond upon Thames – WLR Daily

Posted February 6th, 2009 in children, homelessness, housing, law reports, residence orders by sally

Holmes-Moorhouse v London Borough of Richmond upon Thames [2009] UKHL 7; [2009] WLR (D) 31

“When a court in family proceedings made a shared residence order providing for children to spend alternate weeks with each of their parents, and the father was homeless, a housing authority was not obliged, on account of the order, to regard the father as a person in priority need of accommodation on the ground that dependent children might reasonably expected to reside with him.”

WLR Daily, 4th February 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.

High Court bid to block eco-towns – BBC News

Posted January 27th, 2009 in housing, judicial review, news, planning by sally

“The High Court is expected to rule later on a legal challenge to the government’s flagship eco-towns scheme.”

Full story 

BBC News, 27th January 2009

Source: www.bbc.co.uk

Admiral Taverns (Cygnet) Ltd v Daniel and Another – Times Law Reports

Posted January 12th, 2009 in housing, law reports, stay of execution by sally

Admiral Taverns (Cygnet) Ltd v Daniel and Another

Court of Appeal

“Any court had jurisdiction to stay the execution of a warrant of possession issued under section 89 of the Housing Act 1980.”

The Times, 12th January 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Banks v Kingston upon Thames Royal Borough Council – WLR Daily

Posted December 19th, 2008 in homelessness, housing, law reports by sally

Banks v Kingston upon Thames Royal Borough Council [2008] EWCA Civ 1443; [2008] WLR (D) 397

“A purposive interpretation should be given to reg 8(2) of the Allocation of Housing and Homelessness (Review Procedures) Regulations 1999 to ensure that, where a reviewing officer was minded to confirm a decision on different grounds, the applicant should be given an opportunity to make representations.”

WLR Daily, 18th December 2008

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.

Simms v Islington London Borough Council – Times Law Reports

Posted December 3rd, 2008 in drug abuse, homelessness, housing, law reports by sally

Simms v Islington London Borough Council

Court of Appeal

“The risk that a recovering drug addict’s relapse might be caused by his homelessness did not entitle him to be treated as having a priority need for accommodation.”

The Times, 3rd December 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Admiral Taverns (Cygnet) Ltd v Daniel and another – WLR Daily

Posted November 28th, 2008 in housing, law reports, stay of execution by sally

Admiral Taverns (Cygnet) Ltd v Daniel and another; [2008] WLR (D) 366

“An appellate court had jurisdiction to stay the execution of a warrant of possession pursuant to s 89 of the Housing Act 1980.”

WLR Daily, 26th November 2008

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 v Birmingham City Council; Ibrahim v Birmingham City Council – WLR daily

Posted November 11th, 2008 in homelessness, housing, law reports by sally

Ali v Birmingham City Council; Ibrahim v Birmingham City Council [2008] EWCA Civ 1228; [2008] WLR (D) 349

“A local housing authority’s discharge of its statutory duty to rehouse a homeless person in priority need where that person had refused an offer of suitable accommodation could not be challenged other than by administrative review subject appeal to the county court, which was the equivalent of judicial review rather than a full rehearing appeal, even where the sole issue for the reviewing officer was a simple one of primary fact. The European Court of Human Rights’ decision in Tsfayo v United Kingdom [2007] LGR 1 did not change the relevant law.”

WLR Daily, 10th November 2008

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.

Boreh v Ealing London Borough Council – Times Law Reports

Posted November 11th, 2008 in homelessness, housing, law reports by sally

Boreh v Ealing London Borough Council

Court of Appeal

“The suitability of accommodation offered by a local authority was not to be judged exclusively by reference to its condition at the time of the offer, but could and should take into account any adaptations or alterations that were proposed to be made at the date of the council’s review decision.”

The Times, 11th November 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Council homes for life ‘to be scrapped’ – The Times

Posted November 10th, 2008 in housing, news by sally

“People living in council houses will no longer be entitled to a subsidised tenancy for life under Whitehall proposals to address waiting lists.

The measures are being considered by Margaret Beckett, the new Housing Minister, in the most radical shake-up of the social housing system for decades to ensure that those who deserve council homes get them.”

Full story

The Times, 11th November 2008

Source: www.timesonline.co.uk

Boreh v Ealing London Borough Council – WLR Daily

Posted October 31st, 2008 in homelessness, housing, law reports by sally

Boreh v Ealing London Borough Council [2008] EWCA Civ 1176; [2008] WLR (D) 334

“The suitability of accommodation offered by a local housing authority was not to be judged exclusively by reference to its condition at the time of the offer, but could and should take into account any adaptations or alterations that were proposed to be made. However, in considering the suitability of a house, it was only legitimate to take into account proposals as to adaptations that were made as at the date of the authority’s decision and not right up to the date of the review decision.”

WLR Daily, 30th October 2008

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.

Cantrell v Wycombe District Council – Times Law Reports

Posted October 10th, 2008 in covenants, housing, law reports by sally

Cantrell v Wycombe District Council

Court of Appeal

“An agreement by a housing association with a local authority to house council-nominated tenants in its property was a positive obligation which could not be enforced against a subsequent buyer of the property.”

The Times, 10th October 2008

Source: www.timesonline.co.uk

Please  note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Regina (M) v Slough Borough Council – Times Law Reports

Posted September 5th, 2008 in housing, law reports, medicines, residential care by sally

Regina (M) v Slough Borough Council

House of Lords

“A person’s need for a refrigerator in which to keep his medication was not sufficient to entitle him to residential accommodation.”

The Times, 5th September 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Regina (Heffernan) v Rent Service – Times Law Reports

Posted August 21st, 2008 in benefits, housing, law reports, rent by sally

Regina (Heffernan) v Rent Service

House of Lords

“Rent officers should not base a local reference rent on too large an area.”

The Times, 20th August 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Regina (Gilboy) v Liverpool City Council, Secretary of State for Communities and Local Government as interested party – Times Law Reports

Posted August 21st, 2008 in housing, human rights, law reports by sally

Regina (Gilboy) v Liverpool City Council, Secretary of State for Communities and Local Government as interested party

Court of Appeal

“A secure tenant, who lost that security when the tenancy was demoted on account of antisocial behaviour, failed in her challenge to the local authority landlord’s internal review procedure for reconsideration of the landlord’s seeking a county court order for possession.”

The Times, 20th August 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

R (M) v Slough Borough Council – WLR Daily

Posted August 13th, 2008 in housing, law reports, medicines, residential care by sally

R (M) v Slough Borough Council [2008] UKHL 52; [2008] WLR (D) 292

“A person’s need for a refrigerator in which to keep medication did not amount to ‘need of care and attention’ within s 21(1)(a) of the National Assistance Act 1948 (as amended) so as to entitle him to residential accommodation.”

WLR Daily, 12th August 2008

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.

Newport City Council v Charles – Times Law Reports

Posted August 11th, 2008 in estoppel, housing, law reports by sally

Newport City Council v Charles

Court of Appeal

“A council tenant who concealed his mother’s death for three years in order to avoid being moved to a different property could not be ousted on that ground because the time limit for doing so had expired before the local authority discovered his mother had died.”

The Times, 11th August 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

R (Heffernan) v Rent Service – WLR Daily

Posted August 4th, 2008 in benefits, housing, law reports, rent by sally

R (Heffernan) v Rent Service; [2008] WLR (D) 279

“Rent officers, in identifying the ‘locality’ under Sch 1, Pt I to the Rent Officers (Housing Benefit Functions) Order 1997, as amended, needed to assemble only enough ‘neighbourhoods’ to satisfy the requirements of para 4(6)(c). ‘A broad geographical area’ was misleading. ‘Neighbourhood’ was similarly not to be interpreted as comprising too large an area. The rent officer’s inquiry was restricted to the ‘facilities and services’ specified in para 4(6)(b).”

WLR Daily, 1st August 2008

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.

Housing and Regeneration Act 2008

Posted July 24th, 2008 in housing, landlord & tenant, legislation, planning by sally

Housing and Regeneration Act 2008 published

Full text of Act (PDF)

Source: www.opsi.gov.uk

Admiral Taverns (Cygnet) Ltd v Daniel and another – WLR Daily

Posted July 23rd, 2008 in housing, law reports, stay of execution by sally

Admiral Taverns (Cygnet) Ltd v Daniel and another [2008] EWHC 1688 (QB); [2008] WLR (D) 247

“The restriction imposed by s 89(1) of the Housing Act 1980 on postponing enforcement of a possession order only applied to the court which made the order and not to a court exercising appellate jurisdiction in respect of the order.”

WLR Daily, 22nd July 2008

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.