Archive for May 2009
The outsourcing of s.202 Housing Act 1996 reviews by local authorities to private, commercial bodies came under scrutiny in Charlotte Augustin v London Borough of Barnet, Central London County Court, 22 May 2009 (no report available online yet). There are a couple of Court of Appeal cases on the same issue coming up, so we [...]
We first noted Defence Estates v L and another  EWHC 1049 (Admin) a few weeks ago and now the transcript is available.
L was married to an army officer. He was a violent alcoholic who abused both his wife and their daughters. In 1989 he resigned following a court martial which found him guilty [...]
McKenzie, R (on the application of) v London Borough of Waltham Forest  EWHC 1097 (Admin) was a Judicial Review initially brought on grounds that the local authority refused to provide the claimant with temporary accommodation following her notification by the hostel she was living in that she would not be able to remain once [...]
A report published in The Times today highlights the growing problem of landlords having to pay up for deposits, when agents go bust.
Under the two ‘insurance based’ tenancy deposit schemes (MyDeposits and the Tenancy Deposit Scheme run by the Dispute Service) if the agent deals with the deposit on behalf of the landlord, the agent [...]
Yesiloz v London Borough of Southwark  EWCA Civ 415 was concerned with whether a Turkish asylum seeker was entitled to housing benefit.
Ms Yesiloz arrived in the UK in the late 1990s and claimed asylum. She moved into premises in Camden and claimed HB on 11 April 2006. Her claim was rejected on the ground [...]
R (G) v Southwark  UKHL 26 was the appeal to the House of Lords of this Court of Appeal judgment. At issue was whether Southwark could effectively avoid its s.20 Children Act duty to accommodate a homeless child by referral to the Housing Department by way of application under Part VII Housing Act 1996. [...]
R (on the application of G) (FC) (Appellant) v London Borough of Southwark (Respondents),  UKHL 26
The issue in this case is, if a child of 16 or 17 who has been thrown out of the family home presents himself to a local children’s services authority and asks to be accommodated by them under s.20 of the Children Act 1989, is it open to that authority instead to arrange for him to be accommodated by the local housing authority under the homelessness provisions of Part VII of the Housing Act 1996?
The House unanimously allowed the appeal. The result was that A was accommodated under s.20(1) of the 1989 Act on 11 September 2007, became an “eligible child” within the meaning of paragraph 19B(2) of Schedule 2, and thereafter a “ former relevant child” within the meaning of section 23C(1) of that Act.
It is official, orders signed and everything. As of today, 20 May 2009, Schedule 11 of the Housing & Regeneration Act is in force, save for paragraphs 3(3), 8(3) and 14(3), which we are arguing about below. Housing and Regeneration Act 2008 (Commencement No. 5) Order 2009. SI 2009/1261
Also in force today – The Housing [...]
Legal Action May 09 housing updates contain a few tenancy deposit cases, which further muddy the waters…
Seghier v Rollings, Bow County Court, 6 March 2009. An assured shorthold beginning in May 2007. A deposit was paid by Mr Seghier to the letting agent before the start of the tenancy. It was not protected, nor the [...]
The May edition of Legal Action’s housing updates contains a report on Khan v Iqbal, Bury County Court, 13 March 2009.
Ms Khan was an assured shorthold tenant on rent of £650 pm. She lived with her children aged 15 and 12 She got into rent arrears.
The landlord and his sons interrupted the electricity supply [...]