“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.”
The Guardian, 2nd December 2009
Source: www.guardian.co.uk
“The current legal challenges facing social landlords: a judge’s perspective – keynote address, Social Housing Law Association Annual Conference 2009 on 27 November 2009.”
Judiciary of England and Wales, 30th November 2009
Source: www.judiciary.gov.uk
“The government is to offer cash rewards of up to £500 to people who report neighbours they suspect are unlawfully subletting their council home.”
The Guardian, 29th November 2009
Source: www.guardian.co.uk
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 [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 [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.
“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
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
“Justice Minister Bridget Prentice has made a statement about the government response to the Law Commission’s Report on Housing: Proportionate Dispute Resolution.”
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, 16th July 2009
Source: www.lawcom.gov.uk
“A council tenant is planning to sue her local authority following the discovery of asbestos in her south London home.”
BBC News, 9th July 2009
Source: www.bbc.co.uk
“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
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
“Although it had not been reasonable for families to remain in their current accommodation indefinitely, the local housing authority had been entitled to leave them there in the short term, it being a question of fact whether the period was too long, but the authority had not been entitled to rely on its allocation policy to fulfil its duty. It had not been reasonable for a woman to continue to occupy a women’s refuge indefinitely, and she had accordingly remained “homeless” under the Housing Act 1996.”
WLR Daily, 1st 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.
“On the facts of the particular case, a registered social landlord was a hybrid public authority and the act of terminating the tenancy of its assured tenant was not a private act and was susceptible to judicial review.”
WLR Daily, 19th June 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.
Hanoman v Southwark London Borough Council (No 2)
House of Lords
“The requirement that a local authority which had delayed processing a right-to-buy claim should deduct from the purchase price the purchasing tenant’s rent payments during the period of delay applied where the tenant’s rent had been paid for him in the form of housing benefit.”
The Times, 16th June 2009
Source: www.timesonline.co.uk
Hanoman v Southwark London Borough Council (No 2) [2009] UKHL 29; [2009] WLR (D) 181
“The requirement that a local authority which had delayed processing a ‘right to buy’ claim under Pt V of the Housing Act 1985 should deduct from the purchase price the purchasing tenant’s rent payments during the period of delay remained applicable where the tenant’s rent had been paid for him in the form of housing benefit.”
WLR Daily, 11th June 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.
Hammersmith and Fulham London Borough Council v Alexander-David
Court of Appeal
“A local housing authority which granted a tenancy to a minor who was homeless and in priority need held the premises in trust for the minor. For as long as the authority was the trustee, it could not lawfully serve a notice to quit on the minor.”
The Times, 13th April 2009
Source: www.timesonline.co.uk
“A vulnerable couple who were subjected to savage abuse by a gang of youths have been stripped of their £100,000 damages payout by senior judges.”
The Times, 3rd April 2009
Source: www.timesonline.co.uk
Bracknell Forest Borough Council v Green and another [2009] EWCA Civ 238; [2009] WLR(D) 106
“Where a local housing authority claimed possession of a dwelling house under ground 16 in Sch 2 to the Housing Act 1985 (under-occupation), the suitability of the alternative accommodation offered was relevant to the question whether it was reasonable to make the possession order sought but was not determinative of it. Where the judge below had considered all the relevant circumstances the appellate court should be slow to upset his evaluation of the reasonableness of making a possession order unless it was clear that he had acted under an error of principle or his decision was obviously wrong.”
WLR Daily, 23rd March 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in once of the ICLR series the corresponding WLR Daily summary is removed.
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