“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.”
The Guardian, 28th February 2011
Source: www.guardian.co.uk
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 are to be given new powers to fast-track the eviction of tenants who harass their neighbours.”
The Independent, 11th January 2011
Source: www.independent.co.uk
“Councils will have to wait two years before seizing empty homes under plans by Communities Secretary Eric Pickles.”
BBC News, 7th January 2011
Source: www.bbc.co.uk
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.
The Guardian, 21st November 2010
Source: www.guardian.co.uk
“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.”
The Guardian, 16th November 2010
Source: www.guardian.co.uk
“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).”
The Guardian, 15th November 2010
Source: www.guardian.co.uk
“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.
“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.”
The Guardian, 10th November 2010
Source: www.guardian.co.uk
“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.
“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 [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.
“A tiny Cornish community has won a partial victory in its fight against a leading public school.”
Daily Telegraph, 12th September 2010
Source: www.telegraph.co.uk
“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.”
BBC News, 2nd September 2010
Source: www.bbc.co.uk
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.
“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.
“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.”
The Independent, 9th July 2010
Source: www.independent.co.uk
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 [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 [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.
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