Search for: "Giles Peaker"
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7 Jul 2016, 1:44 pm
City West Housing Trust v Massey [2016] EWCA Civ 704 When considering a suspended possession order, how should the judge exercise their discretion where the tenant’s evidence has been disbelieved, in whole or part? [read post]
8 Nov 2015, 3:33 pm
Samuels v Birmingham City Council [ 2015 ] EWCA Civ 1051 A second appeal from a s.204 County Court appeal that addressed the council’s decision-making on whether the property from which Ms Samuels had become homeless was affordable (and thus, whether she was intentionally homeless for failing to pay the full rent). [read post]
8 Jun 2015, 1:05 pm
For reasons that will become clear in this post, rentcharges are a bit of a legal oddity. [read post]
10 Dec 2017, 7:16 am
A Local Government Ombudsman Report on the actions of Maidstone Borough Council towards a homeless household makes for depressing reading. [read post]
27 Nov 2016, 2:14 pm
Birmingham City Council v Wilson [2016] EWCA Civ 1137 In Pieretti v Enfield LBC [2010] EWCA Civ 1104 (our note) the Court of Appeal held that under (the predecessor to) the Equality Act, in the course of Housing Act 1997 Part VII inquiries, a reviewing officer was required to carry out inquiries into an applicant’s disability that the Housing Act 1996 had not previously required, i.e. where the applicant had not raised the issue but the reviewing officer was on notice… [read post]
20 Apr 2017, 1:56 pm
Chatokai v Salford City Council. [read post]
18 Feb 2018, 3:40 pm
J and L, R (on the application of) v London Borough of Hillingdon (2017) EWHC 3411 (Admin) This is a very interesting judicial review, concerning the interrelation of a council’s housing duties under Part 6 and Part 7 Housing Act 1996 and duties to children under s.17 Children Act 1989. [read post]
14 Feb 2016, 12:49 pm
Edwards & Ors, R (on the application of) v Birmingham City Council [2016] EWHC 173 (Admin) This was a quite extraordinary judicial review (or rather four joined judicial review claims with another 16 cases put in evidence in support) in which what was in the end at stake was not any remedy for the individual claimants – it was agreed that their individual issues had been remedied and the claims were academic on that basis – but whether there were systemic failings in… [read post]
8 Aug 2015, 5:08 pm
HA, R (On the Application Of) v London Borough of Ealing [2015] EWHC 2375 (Admin) This is, I think, a very significant case for all Councils who have or are considering setting residence requirements in their allocation policies. [read post]
10 Jun 2015, 1:43 pm
This is not a usual blog post. [read post]
17 Jan 2015, 5:06 pm
With very grateful thanks to Beatrice Prevatt’s annual disrepair update in the December 2014/January 2015 Legal Action, here is a bumper pack of County Court cases and settled cases on damages for disrepair. [read post]
14 May 2017, 11:54 am
The Homelessness Reduction Act has now received royal assent. [read post]
24 Jan 2017, 2:14 pm
London Borough of Hackney v Haque [2017] EWCA Civ 4 In which the Court of Appeal grapple with the application of the Public Sector Equality Duty to decisions on suitability of accommodation provided under s.193 Housing Act 1996 (in satisfaction of the full housing duty). [read post]
29 May 2016, 10:52 am
Smajlaj, R (on the application of) v London Borough of Waltham Forest [2016] EWHC 1240 (Admin) What is the extent of the duty under section 1992 Housing Act 1996? [read post]
28 Dec 2014, 4:12 pm
When should an article 8 defence be raised? [read post]
2 Aug 2015, 12:37 pm
Poshteh v Royal Borough of Kensington And Chelsea [2015] EWCA Civ 711 At issue in this second appeal from a s.204 appeal was whether it was reasonable for Ms Poshteh to have refused an offer of accommodation. [read post]
30 Mar 2015, 3:59 pm
Hardy, R (on the application of) v Sandwell Metropolitan Borough Council [2015] EWHC 890 Oh, we have been waiting for this one. [read post]
25 Nov 2014, 3:29 pm
It is not unknown for losing parties in a case to not be happy, indeed very upset. [read post]
5 Jun 2016, 3:54 pm
This has been quite a week for issues about Local Authorities gatekeeping homeless applications coming to the fore. [read post]
5 Mar 2016, 2:06 pm
This is potentially huge. [read post]
