Archive for February 2007
Local Authority allocation policy, as it applies to those to whom the Authority has accepted a duty to secure accommodation, is still being thrashed out in the Courts.
Birmingham City Council is the latest to have their allocation policy found unlawful in R. (Aweys and Others) v Birmingham City Council [Link to Bailii added]. The Times [...]
The appellant tenant successfully appealed a decision of a judge to make a declaration in favour of the respondent local authority that a strip of land adjacent to her property did not fall within her tenancy. The judge had failed to examine the extrinsic evidence properly and had erroneously considered one element of the evidence, namely to do with the existence of a fence, to be determinative.
The Appellant unsuccessfully appealed against an order that a wall between his property and the property of one of the respondents belonged to the latter. The CA held that a holistic approach was required and the judge was not required to consider each and every event and assess its individual merit.