Archive for 2008
“That is the question, easy to ask but not so easy to answer” – as it takes the Court of Appeal 40 pages (right before Christmas, thank you very much, hence this rather late note) to answer that question in R (A) v LB Croydon; R (M) v LB Lambeth  EWCA Civ 1445 I’d have to agree.
Once someone is in temporary accommodation, following an acceptance of the full housing duty to a homeless person by the local authority, what happens when that temporary accommodation becomes unreasonable for the household to continue to occupy, but alternative temporary accommodation is refused by the tenant?
Muse v London Borough of Brent  EWCA Civ 1447 [...]
Barry v London Borough of Southwark  EWCA Civ 1440 concerned an EEA national’s eligibility for social housing, via a Part VII application.
EEA ‘workers’ are eligible for housing assistance as they are not persons subject to immigration control for the purposes of s.185(1) Housing Act 1996 and Reg 6 of the Allocation of Housing and [...]
What Doherty v Birmingham City Council (Secretary of State for Communities and Local Government intervening)  UKHL 57 actually means for a public law defence to possession claims, particularly summary possession, was the subject of London Borough of Hillingdon v Collins & Another  EWHC 3016 (Admin). This is what was to have been a [...]
R (Gargett) v LB Lambeth  EWCA Civ 1450; on appeal from  EWHC 663 (Admin).
A Discretionary Housing Payment (DHP) is a discretionary payment made by a local housing authority to a person who is (a) in receipt of housing benefit or council tax benefit; (b) considered by the authority to be in need of [...]
Mangion v Lewisham LBC only appears on lawtel as an ex tempore judgment on 11.12.08 so if somebody out there has a transcript/better note of the Court of Appeal’s judgment, that would be helpful to understand this decision. What appears to have happened is that Ms Mongian had alcohol and back problems. Lewisham [...]
In St Pancras & Humanist HA v Leonard  EWCA Civ 1442, the Court of Appeal held that, although Mr Leonard had possession of the relevant property (a garage), he nevertheless was estopped from claiming a right by adverse possession against the Claimant. The case is interesting largely because of the way the CA deployed [...]
Ackerman and another v Lay and others  EWCA Civ 1428 (not on Bailli, but available via Lawtel)
The appellants/tenants were the leasehold owners of a building and the respondents were the freehold owners of the same. The building had been subdivided into five flats, one of which was occupied by the appellants.
In 2000, the appellant [...]
Reg 8(2) of the Allocation of Housing and Homelessness (Review Procedures) Regulations 1999 provides that if a reviewing officer on s.202 review considers:
that there is deficiency or irregularity in the original [s.184] decision, or the manner in which it was made, but is minded nonetheless to make a decision which is against the interests of [...]
In CDS Housing v Bellis  EWCA Civ 1315, the Court of Appeal in a short judgment upheld a possession order made in favour of the Claimant housing association against Mr Bellis, a secure tenant, who suffered from serious delusions. Mr Bellis appears to have believed that “there was electro-magnetic radiation or something similar [...]