Rapist murderer had right to be housed – Daily Telegraph

Posted May 12th, 2008 in housing, human rights, news, sexual offences by sally

“A convicted rapist sexually assaulted and murdered a teenage girl after a council was told he could not be evicted because it would breach his human rights.”

Full story

Daily Telegraph, 10th May 2008

Source: www.telegraph.co.uk

Islington London Borough Council v Honeygan-Green – Times Law Reports

Posted April 28th, 2008 in housing, law reports by sally

Islington London Borough Council v Honeygan-Green

Court of Appeal

“An order for possession made against a secure tenant did not defeat her right to acquire a long lease of a tenanted flat; if the possession order had been discharged the tenant’s right to acquire revived.”

The Times, 28th April 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.

Moran v Manchester City Council; Richards v Ipswich Borough Council – WLR Daily

Posted April 18th, 2008 in homelessness, housing, law reports by sally

Moran v Manchester City Council; Richards v Ipswich Borough Council [2008] EWCA Civ 378; [2008] WLR (D) 112

“A women’s refuge was accommodation which, having regard to various factors, it could be reasonable for women to continue to occupy.”

WLR Daily, 17th April 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.

Shepherds Bush Housing Association v Porter – Times Law Reports

Posted April 2nd, 2008 in housing, law reports, trespass by sally

Shepherds Bush Housing Association v Porter

Court of Appeal

“A tolerated trespasser could not seek the discretion of the court to revise a possession order made under the Housing Act 1985 suspended on terms, or to vary the terms, or to extend time to comply with the terms.”

The Times, 2nd April 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.

Omar v Westminster City Council – Times Law Reports

Posted March 25th, 2008 in homelessness, housing, law reports, local government by sally

Omar v Westminster City Council

Court of Appeal

“An officer reviewing a local authority decision that it had discharged its housing duty by offering suitable acccommodation had to examine the facts as they appeared at the date of that decision.”

The Times, 25th March 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 Hammersmith and Fulham London Borough Council – Times Law Reports

Posted March 3rd, 2008 in children, housing, law reports, social services by sally

Regina (M) v Hammersmith and Fulham London Borough Council

House of Lords

“Where a child had been provided with accommodation by a local authority’s housing department but had not come to the attention of its children’s services department, she was not entitled to further council support in her own right.”

The Times, 3rd March 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 Hammersmith and Fulham London Borough Council – WLR Daily

Posted February 28th, 2008 in children, housing, law reports, social services by sally

R (M) v Hammersmith and Fulham London Borough Council [2008] UKHL 14; WLR (D) 64

“A child who had been provided with accommodation by the housing department of a local authority but had not been brought to the attention of their children’s services department had not been ‘looked after’ under s 22(1) of the Children Act 1989 and was accordingly not entitled, having reached 18, to support under the Act as a ‘former relevant child’.”

WLR Daily, 27th February 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.

R (Aweys and others) v Birmingham City Council – WLR Daily

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

R (Aweys and others) v Birmingham City Council [2008] EWCA Civ 48; [2008] WLR (D) 36

“In the case of the homeless in priority need it was not lawful, for the purposes of the duty to secure accommodation pursuant to s193 (2) of the Housing Act 1996, for a local housing authority, pending permanent re-housing, to leave those found to be homeless but not on the streets within the very accommodation found to be unsuitable for accommodation.”

WLR Daily, 8th February 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.

Wragg and others v Surrey County Council – WLR Daily

Posted February 6th, 2008 in housing, law reports, right to buy by sally

Wragg and others v Surrey County Council [2008] EWCA Civ 19; [2008] WLR (D) 29

“Whether an employee occupied a dwelling-house provided by the employer ‘for the better performance of his duties’ within the meaning of para 2(1) of Sch 1 to the Housing Act 1985, so as not to be entitled to purchase the freehold of the house, was to established by applying an objective test.”

WLR Daily, 5th February 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.

R (Maloba) v Waltham Forest London Borough Council – WLR Daily

Posted December 7th, 2007 in homelessness, housing, law reports by sally

R (Maloba) v Waltham Forest London Borough Council

“On the proper construction of s 175(3) of the Housing Act 1985, the phrase ‘accommodation which it would be reasonable .. to continue to occupy’ was to be read as ‘to occupy or continue to occupy’. Such an interpretation avoided the creation of a distinction between a person with unfit accommodation available to him who was living in it and one who was not. Furthermore, the matters to be considered in deciding whether it was reasonable to expect an applicant to occupy accommodation available to him were not limited to the size and structural quality of the accommodation.”

WLR Daily, 5th December 2007

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.

Raglan Housing Association Ltd v Fairclough – Times Law Reports

Posted November 28th, 2007 in housing, law reports by sally

Raglan Housing Association Ltd v Fairclough

Court of Appeal

“A landlord could rely upon the commission of an indictable offence before a person took up a tenancy to obtain possession of the demised property under ground 14 of Schedule 2 to the Housing Act 1988, as amended by section 14 of the Housing Act 1996.”

The Times, 28th November 2007

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

Lawntown Ltd v Camenzuli and Another – Times Law Reports

Posted November 14th, 2007 in housing, law reports, restrictive covenants by sally

Court must not be swayed by council approval

Lawntown Ltd v Camenzuli and Another

Court of Appeal

“When exercising its discretion whether to vary a restrictive covenant to permit conversion of a single dwellinghouse into flats where planning permission had been granted, the court had to carry out its own balancing exercise and not be swayed by the fact that the planning authority had already granted permission.”

The Times, 14th November 2007

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.

Harouki v Kensington and Chelsea London Borough Council – Times Law Reports

Posted November 12th, 2007 in homelessness, housing, law reports by sally

Unlawful housing reasonable

Harouki v Kensington and Chelsea London Borough Council

Court of Appeal

“Where a tenant applied to be treated as homeless because where she lived with her family was statutorily overcrowded, and occupation of such accommodation was a summary offence under section 327 of the Housing Act 1985, the housing authority was entitled to conclude, having regard to local conditions, that it would not be unreasonable for the family to stay there.”

The Times, 12th November 2007

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.

Wandsworth London Borough Council v Randall – WLR Daily

Posted November 8th, 2007 in housing, law reports by sally

Wandsworth London Borough Council v Randall [2007] EWCA Civ 1126

“Where a council sought an order for possession of a dwelling house let under a secure periodic tenancy under ground 16 of Pt III of Sch 2 to the Housing Act 1985, on the basis that accommodation was more extensive than was reasonably required by the tenant who had succeeded to the tenancy on the death of the original tenant, the relevant date for determining the composition of the successor tenant’s family was not the date of succession, but the date of the possession hearing.”

WLR Daily, 7th November 2007

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.

Westminster City Council v Boraliu – WLR Daily

Posted November 5th, 2007 in housing, law reports by sally

Westminster City Council v Boraliu

The tenancy of a dwelling house granted by the local authority to a homeless person in priority need did not confer a secure tenancy on the tenant even though the local authority had originally taken over a lease of the dwelling house from a private housing association for the purpose of letting it to persons in priority need of housing accommodation.”

WLR Daily, 5th November 2007

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.

National Trust in houses land row – BBC News

Posted November 5th, 2007 in environmental protection, housing, news by sally

“The National Trust has said it would fight the government to protect the countryside from housing development.”

Full story

BBC News, 3rd November 2007

Source: www.bbc.co.uk

Raglan Housing Association Ltd v Alex Patrick Fairclough – WLR Daily

Posted November 2nd, 2007 in housing, law reports by sally

Raglan Housing Association Ltd v Alex Patrick Fairclough 

“Where a person was arrested for indictable offences occurring before taking up a tenancy and was convicted of them during the course of the tenancy, the landlord was entitled to a possession order under ground 14 of Schedule 2 to the Housing Act 1988.” 

WLR Daily, 2nd November 2007

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.

Human rights chief to investigate “anti-white bias” in council housing – The Times

Posted November 2nd, 2007 in housing, immigration, news, race discrimination by sally

“A new inquiry into whether immigrants jump council housing queues was announced by Trevor Phillips yesterday as the row over immigration policy intensified.”

Full story

The Times, 2nd November 2007

Source: www.timesonline.co.uk

Lawntown Ltd v Camenzuli and another – WLR Daily

Posted October 12th, 2007 in housing, law reports, restrictive covenants by sally

Lawntown Ltd v Camenzuli and another [2007] EWCA Civ 949

“Where the court was exercising its discretion under s 610(2) of the Housing Act 1985 to decide whether to vary a restrictive covenant to permit conversion of a single dwelling house into flats where planning permission had been granted there was no presumption, let alone duty, in favour of varying the covenant. It was left to the court to take account of all relevant factors and to carry out a balancing exercise, giving such weight as it judged appropriate to the various factors in the exercise of its discretion.”

WLR Daily, 10th October 2007

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: encouraging responsible letting – Law Commission

Posted July 13th, 2007 in housing, press releases by sally

“On 12 July we published a consultation paper dealing with issues of how to promote responsible behaviour by landlords, and control anti-social behaviour by tenants in the private sector.”

Housing: encouraging responsible letting 

Law Commission, 12th July 2007

Source: www.lawcom.gov.uk